Practice question
A trademark registrant fails the required fifth-anniversary actual-use maintenance obligation, supplies no qualifying reason for nonuse, and has no applicable extension or exception. It argues that the stated ten-year certificate term necessarily prevents removal until the last day of that term. Which answer best applies section 145?
- The ten-year term erases all maintenance conditions.
- The fifth-anniversary requirement applies only to patents.
- Actual use can never matter after registration.
- Section 145 expressly couples the term with the stated maintenance condition and removal consequence; the term alone does not cure the stipulated failure.
- A corporate name automatically replaces the declaration.
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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