I.Protect: Holistic test

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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.

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