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Re Sandow (1914) 31 RPC 196

Jurisdiction: Foreign


Alban Pharmacy  Ltd. v. Sterling Products International Inc.

Excerpt from citation:

“As Sargant J. said In the Matter of Application for Registration of a Trademark by Sandow Ltd (1914) 31 R.P.C. 196 at P. 205, ‘the question is not whether if a person is looking at two trade marks side by side there would be a possibility of confusion; the question is whether the person who sees the proposed trade mark in the absence of the other trade mark, and in view only of his general recollection of what the nature of the other trade mark was, would be liable to be deceived and to think that the trade mark before him is the same as the other, of which he has a general recollection.'”… Ademola, C.J.N.. quoting Sargant J. in Re Sandow (1914) 31 RPC 196