Practice question
A collective-mark owner allows use that deceives trade circles about the goods' common quality. It says only conventional trademark cancellation grounds can apply. Which is best?
- The collective label immunizes misleading use.
- Section 167.3 adds a specific cancellation ground for deceptive use concerning origin or common characteristics.
- Only a customer's criminal conviction can permit cancellation.
- Common quality is irrelevant to every collective mark.
- The registration becomes a service mark merely by deception.
Legal references
- RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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