Practice question
A party petitions to revoke a declaration made by the Director of Trademarks, offering substantial evidence that well-known status no longer exists and paying the fee. The owner says the initial declaration can never be revisited on that ground. Resolve under Rule 16(c).
- An initial declaration is irrevocable regardless of later evidence.
- The rule permits such a petition on that ground, subject to proof and the proper process.
- Only the owner's competitors abroad may petition.
- The petition automatically cancels all patents owned by the registrant.
- Loss of well-known status is irrelevant under every rule.
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/
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