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 Myras opposition. Dermalines
MR was denied. Its subsequent appeal to the CA and MR were also denied.

Issue: W/N Dermalines trademark is confusingly similar with Myras 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 Dermalines advertisement,
chances are he will associate it with Myras registered mark.