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Philippine Bar review · Question

Practice question: Cancellation of Registration

Multiple Choice Hard

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?
  1. Section 151 permits cancellation limited to the goods or services for which genericness is established
  2. Every registration is indivisible for all purposes
  3. One generic use automatically invalidates every unrelated category
  4. Only the registrant may define the public meaning conclusively
  5. 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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