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Philippine Bar review · Question

Practice question: Marks, Collective Marks, and Trade Names Distinguished

Multiple Choice Hard

Practice question

A business has an unregistered trade name. A rival later uses a confusingly similar designation in a way likely to mislead the public. The rival says no protection can exist without trade-name registration. Which is correct under section 165.2?
  1. Unregistered trade names are never protected
  2. Only SEC registration creates every possible remedy
  3. Trade names receive the stated protection even before or without registration; misleading later use must be assessed
  4. Only foreign names receive protection
  5. The rival automatically owns the original enterprise

Legal references

  • https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 121, 165 and 167

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