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Philippine Bar review · Question

Practice question: Ownership, Registration, and Duration

Multiple Choice Medium Jurisprudence

Practice question

A qualifies as a prior good-faith user before B's trademark filing date, and B is the lawful registrant. Applying Zuneca and section 159.1, which statement is best?
  1. Earlier use automatically cancels B's valid registration in every case.
  2. B's registration necessarily makes A liable despite the qualified prior-use facts.
  3. Every prior user becomes an unrestricted registered owner automatically.
  4. Neither party can have any legally recognized position.
  5. B's lawful registration and A's specified prior-user protection can coexist; ownership through registration does not erase the statutory limitation.

Legal references

  • Intellectual Property Code, RA 8293, sections 122, 138, 145–146 and 159.1, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • Zuneca Pharmaceutical v. Natrapharm, G.R. No. 211850, 8 September 2020, main decision, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66500
  • IPOPHL, trademark maintenance guidance, https://www.ipophil.gov.ph/trademark/trademark-maintenance/

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