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Philippine Bar review · Question

Practice question: Rights Conferred by Registration

Multiple Choice Hard

Practice question

An owner invokes Section 147.2 for a Philippine-registered well-known mark used on dissimilar services. The parties stipulate that the challenged use indicates no connection with the owner and is not likely to damage its interests. Does well-known status alone establish that extension?
  1. Yes, it eliminates every proviso
  2. No; the connection and likely-damage requirements remain necessary
  3. Yes, if the owner dislikes the service
  4. Yes, all dissimilar services are automatically reserved
  5. No, because well-known marks are never protected

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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