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Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

An association's sign is designated collective in its application, but after registration only the registered owner uses it. Which special rule becomes relevant?
  1. Exclusive use by the owner automatically converts it into a patent.
  2. Collective status can never be questioned after registration.
  3. Every user must abandon its separate trade name.
  4. The sign necessarily becomes public property without proceedings.
  5. Section 167.3 permits cancellation on proof that only the registered owner uses the collective mark.

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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