I.Protect: Idem sonans
-A A +AThursday, August 23, 2012
Clint Fabiosa & Ana Liza Villamor
WITH the 2013 elections fast approaching, a lot of people perhaps will hear again about the legal doctrine of idem sonans (Latin for “sounding the same” or “same item”). For election-related issues, the doctrine applies to political candidates which have similar-sounding names and who run for the same position. The rule on idem sonans is also a test to resolve the confusing similarity of trademarks. A mark with a different spelling but is similar in sound with a registered mark when read, may be ruled as being confusingly-similar with the said registered mark or senior mark. Here are some example of marks that have been ruled to be of similar sound and are thus, confusingly similar: “SALONPAS” and “LIONPAS”; “Gold Dust” and “”Gold Drop”; “Jantzen” and “Jass-Sea”; “Silver Flash” and Supper Flash”; “Cascarete” and “Celborite”; “Celluloid” and “Cellonite”; “Chartreuse” and Charseurs”; “Cutex” and “Cuticlean”; “Hebe” and “Meje”; “Kotex” and “Femetex”; “Zuso” and Hoo Hoo”; “Yusea” and “U-C-A,” “Steinway Pianos” and “Steinberg Pianos,” and “Seven-Up” and “Lemon-Up”; “Celdura” and “Condura”; and, “Lusolin” and “Sapolin.”
Published in the Sun.Star Cebu newspaper on August 24, 2012.
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