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London Lubricants (1920) Ltd’s application (Tripcastroid) (1925) 42 RPC 264

Jurisdiction: Foreign


Alban Pharmacy  Ltd. v. Sterling Products International Inc.

Excerpt from citation:

“The courts have considered on various occasions that the first syllable is the properly accented one, and the resemblance is of the utmost importance when you are to arrive at the conclusion whether the two words are likely to deceive or cause confusion. This was observed by Sargant L.J., In the Matter of London Lubricants (1920) Limited Application to Register a Trade Mark (1925) 42 R.P.C. 264 at P.279, when he said:‘Though I agree that if it were the only difference having regard to the way in which the English language is often slurred at the termination of words, might not alone be sufficient distinction. But the tendency of persons using the English Language to slur the termination of words also has the effect necessarily that the beginning of words is accentuated in comparison, and, in my judgement, the first syllable of a word is, as a rule, far the most important for the purposes of distinction.'”… Ademola, C.J.N.. quoting Sargant J. in London Lubricants (1920) Limited Application to Register a Trade Mark R.P.C. 264 at P.279