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Philippine Bar review · Question

Practice question: Likelihood of Confusion (Dominancy Test)

Multiple Choice Medium

Practice question

Two competing brand words are spelled differently but sound very similar when spoken. May the analyst reject confusion solely because the spellings are not identical?
  1. No; aural impressions must also be considered under dominancy
  2. Yes, only exact spelling can matter
  3. Yes, pronunciation is legally irrelevant
  4. Yes, different letters guarantee no confusion
  5. Only if neither word is advertised

Legal references

  • Kolin Electronics Co., Inc. v. Kolin Philippines International, Inc., G.R. No. 228165, February 9, 2021, en banc main decision: https://lawphil.net/judjuris/juri2021/feb2021/gr_228165_2021.html

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