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Philippine Bar review · Question

Practice question: Rights Conferred by Registration

Multiple Choice Hard

Practice question

A registered owner’s mark contains a town name. A rival uses the town name solely as a truthful, good-faith statement of its goods’ origin, without source confusion. The owner seeks to suppress that geographical information solely because it appears within the registered mark. Which is sound?
  1. Section 148 preserves the qualified informational use of a geographical name
  2. Every geographical mention is prohibited after registration
  3. Truthful origin information automatically assigns the mark
  4. The rival must rename the town
  5. Good faith and source confusion are irrelevant

Legal references

  • RA 8293, IP Code, Sections 138, 147-148, 151-159 and 168: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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