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?
- Earlier use automatically cancels B's valid registration in every case.
- B's registration necessarily makes A liable despite the qualified prior-use facts.
- Every prior user becomes an unrestricted registered owner automatically.
- Neither party can have any legally recognized position.
- 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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