Dermaline Inc vs Myra Pharmaceutical

Dermaline Inc. vs. Myra Pharmaceuticals Inc. GR No. 190065 Augusr 16, 2010

Facts: Dermaline Inc. filed for the registration of the trademark Dermaline Dermaline, Inc. Myra Pharmaceuticals, Inc. opposed, on the ground that it resembles its own trademark, Dermalin, and will likely cause confusion, mistake and deception to the purchasing public. Myra claimed that the dominant feature is the term Dermaline which is practically identical with Dermalin as to the first 8 letters and pronunciation. Bureau of Legal Affairs rendered decision sustaining Myra’s opposition. Dermaline’s MR was denied. Its subsequent appeal to the CA and MR were also denied.

Issue: W/N Dermaline’s trademark is confusingly similar with Myra’s Dermalin

Ruling: Yes. They are spelled in almost the same way and pronounced practically in the same manner. Even if they are presented differently, the likelihood of confusion is still apparent. When an ordinary purchaser hears Dermaline’s advertisement, chances are he will associate it with Myra’s registered mark.