Practice question
A mark is registered for three product categories. Evidence establishes that its primary significance to the relevant public has become the generic name only for one category; the other two are stipulated unaffected. The registrant argues the law allows only total cancellation or none. Which is best?
- Section 151 permits cancellation limited to the goods or services for which genericness is established
- Every registration is indivisible for all purposes
- One generic use automatically invalidates every unrelated category
- Only the registrant may define the public meaning conclusively
- Genericness can never arise after registration
Legal references
- RA 8293, Sections 151-152: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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