This case has been cited 1 times or more.
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2010-08-16 |
NACHURA, J. |
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| The Dominancy Test focuses on the similarity of the prevalent features of the competing trademarks that might cause confusion or deception.[17] It is applied when the trademark sought to be registered contains the main, essential and dominant features of the earlier registered trademark, and confusion or deception is likely to result. Duplication or imitation is not even required; neither is it necessary that the label of the applied mark for registration should suggest an effort to imitate. The important issue is whether the use of the marks involved would likely cause confusion or mistake in the mind of or deceive the ordinary purchaser, or one who is accustomed to buy, and therefore to some extent familiar with, the goods in question.[18] Given greater consideration are the aural and visual impressions created by the marks in the public mind, giving little weight to factors like prices, quality, sales outlets, and market segments.[19] The test of dominancy is now explicitly incorporated into law in Section 155.1 of R.A. No. 8293 which provides-- | |||||