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Philippine Bar review · Question

Practice question: Cancellation of Registration

Multiple Choice Hard

Practice question

A proper infringement suit to enforce a registered mark is filed first. Another party later files a petition to cancel the same mark with a different court or agency. Which jurisdictional rule appears in Section 151.2?
  1. The later filing automatically ousts the enforcement forum
  2. Every forum must independently hear simultaneous cancellation cases
  3. The prior enforcement suit excludes other courts or agencies from assuming jurisdiction over the subsequently filed cancellation petition
  4. The trademark becomes immune to cancellation forever
  5. Only the later petitioner chooses jurisdiction

Legal references

  • RA 8293, IP Code, Sections 138, 147-148, 151-159 and 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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