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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A company proposes assigning only its trade name to an unrelated buyer while retaining the entire enterprise identified by that name. It claims trade-name transfers always follow the same standalone rule as every mark assignment. Which is correct?
  1. Every trade name is freely detached without qualification
  2. Section 165.4 requires a change in trade-name ownership to accompany transfer of the enterprise or identified part
  3. A trade name can never be transferred
  4. Only the buyer’s slogan matters
  5. The company’s employees automatically become the buyer’s shareholders

Legal references

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

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