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Philippine Bar review · Question

Practice question: Well-known Marks

Multiple Choice Hard

Practice question

A mark already registered with IPOPHL obtains a separate well-known declaration. At the Rule 15 maintenance point, the owner claims the declaration exempts it from every ordinary trademark DAU requirement. Which is correct?
  1. Rule 15 preserves the applicable trademark DAU requirements while specifying evidence of well-known status for the declaration.
  2. The declaration abolishes all trademark maintenance.
  3. The registration automatically becomes an unregistered copyright.
  4. Only the owner's private assurance is ever required.
  5. The declaration cancels every existing trademark registration.

Legal references

  • RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • IPOPHL Memorandum Circular 2025-009, February 5, 2025, effective April 28, 2025, Rules 3-6 and 13-19 (official IPOPHL-linked signed PDF): https://drive.google.com/file/d/17AqKDp1HLRlxOGX_rCJP-4BQYhXTpktS/view
  • IPOPHL official Well-Known Marks rules and guidance: https://www.ipophil.gov.ph/well-known-marks/

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