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Philippine Bar review · Question

Practice question: Ownership, Registration, and Duration

Multiple Choice Hard Jurisprudence

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?
  1. The ten-year term erases all maintenance conditions.
  2. The fifth-anniversary requirement applies only to patents.
  3. Actual use can never matter after registration.
  4. Section 145 expressly couples the term with the stated maintenance condition and removal consequence; the term alone does not cure the stipulated failure.
  5. 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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