Practice question
A registrant seeks profits or damages under Section 158. The defendant had neither the required actual knowledge nor the statutory presumed knowledge, as established on the facts. The owner says registration alone conclusively supplies every damages condition. Which is correct?
- All statutory knowledge requirements disappear once a complaint is filed.
- Every defendant is presumed knowledgeable regardless of notice.
- Damages and injunction always have identical conditions.
- Section 158 separately conditions profits or damages on the specified knowledge, including its notice-based presumption; registration alone does not erase that inquiry.
- The mark automatically becomes unregistered.
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
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