I.Protect: Goods vs. services

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Thursday, July 10, 2014


Clint Fabiosa & Ana Liza Villamor

THERE is trademark infringement when one mark is confusingly similar with another mark and both marks are used for the same or related goods or services. Usually, there is similarity between two trademarks covering the same or similar goods. There may also be infringement when a trademark that covers goods is used by another entity for services that are related to the said goods. In the US, the following marks were held to be confusingly similar: “TVS” for television broadcasting services and “TVS” for transmitters and receivers of television pictures; “AZTECA” for Mexican food products and “AZTECA MEXICAN RESTAURANT” for restaurant services; “STEELCASE” for office furniture and “STEELCARE” for refurbishing of office furniture; and “THE MUCKY DUCK” for restaurant services and “MUCK DUCK” for mustard.

(clint.fabiosa@iprotect.ph / analiza.villamor@iprotect.ph)

Published in the Sun.Star Cebu newspaper on July 11, 2014.

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