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?
- The later filing automatically ousts the enforcement forum
- Every forum must independently hear simultaneous cancellation cases
- The prior enforcement suit excludes other courts or agencies from assuming jurisdiction over the subsequently filed cancellation petition
- The trademark becomes immune to cancellation forever
- 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
Answer this question in flashcards to review your response and continue practicing.