Dominance Prevails: Why the Dominancy Test is Key in Philippine Trademark Disputes

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TLDR: In Philippine trademark law, similarity isn’t just about overall appearance; it’s about the dominant features. The Supreme Court in McDonald’s vs. MacJoy clarified that the ‘dominancy test,’ focusing on the most striking parts of a mark, is crucial for determining if trademarks are confusingly similar, offering vital lessons for brand protection.

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G.R. No. 166115, February 02, 2007

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INTRODUCTION

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Imagine a local fast-food business in Cebu, proudly serving its community for years under the name