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Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A sign used to identify the enterprise itself also appears on advertising for its repair services. Must that placement alone mean it cannot serve as a trade name?
  1. Yes; any appearance in advertising destroys every trade-name function.
  2. Yes; a trade name can identify only physical goods.
  3. No; because every enterprise name is automatically a collective mark.
  4. No; classification depends on its identifying function, and a designation can identify the enterprise while a mark distinguishes services.
  5. Yes; service providers cannot have trade names.

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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