Practice question
A packaging shape is stipulated to be necessitated by technical factors, and the applicant shows no acquired distinctiveness. Which answer best identifies the statutory difficulty?
- Every technical shape is automatically registrable merely because it is three-dimensional.
- Technical necessity is irrelevant in all mark applications.
- The applicant must instead prove a casino license.
- Section 123.1(k) supplies a shape-related registrability bar on those facts.
- The shape is automatically a registered patent.
Legal references
- RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
Answer this question in flashcards to review your response and continue practicing.