Practice question
An applicant proves substantially exclusive and continuous Philippine commercial use of a descriptive sign for five years before claiming distinctiveness. It argues registration is automatically guaranteed against every possible objection. Which is correct under section 123.2?
- Five years cures every legal defect
- The Office must ignore evidence
- The proof may be accepted as prima facie evidence of distinctiveness, but does not automatically erase every other registration bar
- Generic words are always cured by any use
- A descriptive sign can never acquire distinctiveness
Legal references
- https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 123 and 126
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