Practice question
A registered owner consents to a retailer’s specified use of the mark. The retailer stays strictly within that permission. May the owner establish unauthorized use merely by proving registration?
- Yes, consent is irrelevant
- Yes, every retailer must separately own the mark
- Yes, registration cancels all permissions
- Only if the retailer is nearby
- No; the exclusive right under Section 147.1 is framed against third parties lacking the owner’s consent
Legal references
- RA 8293, IP Code, Sections 138, 147-148, 151-159 and 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
Answer this question in flashcards to review your response and continue practicing.