Practice question
A proposed mark is identical to another proprietor's valid earlier registered mark for the same goods. The applicant has no priority, consent or other legally sufficient basis and says its different package color alone guarantees registration. What is the best answer?
- An identical word mark can never conflict if one package color differs.
- Section 123.1(d) presents a registration conflict that the asserted package-color difference does not automatically cure.
- The later applicant automatically receives the earlier filing date.
- Earlier registrations are legally irrelevant to registrability.
- Every identical mark must be registered to all applicants.
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
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