DISPOSITIVE:
ACCORDINGLY, the Petitio for Review is DENIED. The
Decision, dated August 26, 2020, of the Court of Appeals in CA-G.R. SP No.
1 54367 is AFFIRMED.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
In the present case, the word “NI KON,” which appears on both ISCO
and Nikon Corp. ‘ s trademarks, also onstitutes the trade name of Nikon
Corp.90 Moreover, through the domi I ancy test, the Court has established
ISCO’ s colorable imitation ofNikon C ,rp.’ s N/KONtrademark, arising from
the opposing trademarks’ glaring simi arity as to words, sound, and general
appearance.
Thus, ISCO cannot register its IKON trademark, which constitutes
Nikon Corp. ‘ s trade name, as it would l”kely mislead the public.
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