Practice question
A proposed sign falsely suggests an institutional connection. The applicant says the institution has no earlier registered mark, so the false suggestion is irrelevant. Resolve.
- Only earlier registrations can ever prevent registration.
- A false institutional connection is mandatory advertising.
- The absence of an earlier registration validates every deceptive sign.
- Institutional names can never be considered in registrability.
- Section 123.1(a) supplies an independent objection even without that asserted earlier registration.
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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