LEGAL PRINCIPLE: INTELLECTUAL PROPERTY LAW — Trade Marks — Importance of First Syllable in Comparison of Marks
PRINCIPLE STATEMENT
The tendency of persons using the English language to slur the termination of words has the effect that the beginning of words is accentuated in comparison. The first syllable of a word is, as a rule, far the most important for the purposes of distinction.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ferodo Limited & Anor v. Ibeto Industries Limited (2004) NLC-951999(SC) at p. 51; Paras A–B.
"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 judgment, the first syllable of a word is, as a rule, far the most important for the purposes of distinction."
EXPLANATION / SCOPE
When comparing two trade marks for confusing similarity, the first syllable carries the greatest weight because English language speakers tend to accentuate the beginning of words and slur the endings. The court must focus on whether the initial syllables create confusion in the mind of an ordinary purchaser with imperfect recollection. This serves giving proper emphasis to the most distinctive part of a mark. The court cannot ignore clear differences in first syllables merely because later syllables share similarities.