Practice question
A trader applies a colorable imitation of a registered mark to wrappers intended for commercial distribution, with likely confusion established. No actual sale has yet occurred. Does lack of a completed sale alone defeat Section 155.2?
- No; the statutory proviso expressly covers the listed acts regardless of actual sale.
- Yes, wrappers are always immune.
- Yes, every claim must include a retail receipt.
- Yes, imitation has no relevance before a cash payment.
- Yes, the trader becomes owner by printing.
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.