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Philippine Bar review · Question

Practice question: Trademark Infringement

Multiple Choice Medium

Practice question

A claimant proves merely that two marks share a minor nondominant detail, but offers no basis establishing likely confusion under the applicable analysis. Is registration alone enough to prove every Section 155 infringement?
  1. Yes, every shared detail is conclusive.
  2. No; the relevant infringing use and likelihood conditions must be established.
  3. Yes, all commercial words are owned by one registrant.
  4. Yes, relatedness never matters.
  5. Yes, defendants may never contest scope.

Legal references

  • RA8293, IP Code, Sections147–148 and155–159: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • Kolin Electronics v. Kolin Philippines International, GR228165, February9 2021, MAIN decision: https://lawphil.net/judjuris/juri2021/feb2021/gr_228165_2021.html

Answer this question in flashcards to review your response and continue practicing.