I.Protect: Holistic test

-A A +A

Friday, March 4, 2011

AS discussed last week, the “holistic test” to determine confusing similarity between trademarks states that trademarks are to be compared as a whole as they appear in their respective labels and/or the containers or packages. Jurisprudence says that it should be the over-all impression created by the mark as a whole, and not merely the parts thereof, which is the key in determining the likelihood of confusion.

Using the holistic test, the courts have ruled that there need not be duplication or an exact imitation to cause confusion.

Even if two products are distinguishable when placed side-by-side and/or possess dissimilarities in the details, the trademarks may still be considered confusingly similar if their over-all appearance is such that will confuse the unsuspecting public.


Published in the Sun.Star Cebu newspaper on March 04, 2011.


DISCLAIMER: Sun.Star website welcomes friendly debate, but comments posted on this site do not necessary reflect the views of the Sun.Star management and its affiliates. Sun.Star reserves the right to delete, reproduce or modify comments posted here without notice. Posts that are inappropriate will automatically be deleted.

Forum rules: Do not use obscenity. Some words have been banned. Stick to the topic. Do not veer away from the discussion. Be coherent and respectful. Do not shout or use CAPITAL LETTERS!

Today's front page

Sun.Star Cebu's front page for January 31, 2015

Other front pages

Sun.Star Jobs
  • Filipino Abroad
  • Festivals
  • Sun.Star Zup!
  • Calamity Report
  • tell it to sunstar
  • goodearth
  • Technology
  • Pnoy
  • Obituary
  • Habemus Papam
  • Pacman blog
  • Sinulog
  • Sunstar Multimedia
  • ePaper
  • SunStar Celebrity
  • Philippine Polls