Practice question
Under IP Code section 122, how are rights in a mark acquired under its registration framework?
- By registration made validly in accordance with the law.
- Only by creating a social-media account.
- Only by adopting a company slogan orally.
- Only by obtaining a lease.
- By any filing even if proven fraudulent and invalid.
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/
Answer this question in flashcards to review your response and continue practicing.