Practice question
A sign likely to mislead buyers about geographic origin is proposed for goods actually produced elsewhere. The applicant says no earlier competing mark exists, so registration must follow. Which is correct?
- Only earlier marks can ever bar registration
- Section 123.1(g) independently bars marks likely to mislead the public on the listed characteristics, including origin
- An absence of competitors permits all deception
- The applicant may substitute a private promise not to be sued
- The origin of goods can never matter
Legal references
- https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 123 and 126
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