«back to Cases and Principles

NLIPW Cases and Principles

Magdalena Securities Ltds’ application (1931) 48 R.P.C. 477

Jurisdiction: Foreign


Alban Pharmacy  Ltd. v. Sterling Products International Inc.

Excerpt from citation:

The criterion is that the mark to be registered must not, when compared with what is already registered, deceive the public or cause confusion. And as the learned counsel for the appellant submitted, it was necessary to compare the two trademarks not only visibly but also by sound. This is sometimes stated that the ear must be considered as well as the eye; and this is generally shown in the confusion which may arise in the course of a telephone conversation and this is a point that must be borne in mind. Thus in Magdalena Securities Ltds’ application (1931) 48 R.P.C. 477 at p. 487 ‘UCOLITE’ was held by the court to be too near ‘COALITE’ for registration.'”… Ademola, C.J.N