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Philippine Bar review · Question

Practice question: Rights Conferred by Registration

Multiple Choice Medium

Practice question

R began using a mark in good faith for its business before T’s filing date. T later registers and insists its registration alone overrides Section 159.1. What is correct on the stipulated facts?
  1. Registration removes every express limitation
  2. R automatically owns T’s registration
  3. All marks are cancelled
  4. The registration has no effect against R’s qualifying prior business use under Section 159.1
  5. R must stop solely because T has a certificate

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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