Practice question
An applicant proposes a simulation of a foreign nation's flag as its mark. It argues that because Philippine goods will be sold only locally and no competing applicant objects, Section 123.1(b) cannot apply. Which is correct?
- The foreign-flag simulation remains within the statutory bar; those asserted facts do not remove it.
- Only the Philippine flag is covered.
- Every foreign-flag simulation becomes registrable if no opposition is filed.
- The bar applies only to exported goods.
- Any local sales invoice overrides the flag provision.
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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