Practice question
A mark is established as well-known under section 123.1(e), though not registered locally. Another applicant seeks a confusingly similar sign for identical goods. Is lack of local registration alone a complete answer to the objection?
- No, paragraph (e) expressly protects qualifying well-known marks whether locally registered or not
- Yes, every unregistered mark is unprotected in all circumstances
- Yes, only the new applicant’s intention matters
- Yes, similar goods eliminate protection
- Yes, promotion can never establish Philippine knowledge
Legal references
- https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html — RA 8293, sections 123.1(e)–(f), 131.3 and 147.2
- https://www.ipophil.gov.ph/well-known-marks/ — IPOPHL official explanation of well-known protection and MC 2025-009
Answer this question in flashcards to review your response and continue practicing.