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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Independent producers use an owner-controlled collective sign, retain separate business names, and want an ordinary license contract covering the collective registration itself. What is the sound distinction?
  1. Separate enterprise names can coexist with collective use, but Section 167.4 bars licensing the collective registration or application.
  2. Collective use necessarily merges all enterprises into one company.
  3. Every enterprise name must be transferred to the collective owner.
  4. The statutory license prohibition applies only to patents.
  5. All collective users automatically become owners of the registered owner's trade name.

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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