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Philippine Bar review · Question

Practice question: Well-known Marks

Multiple Choice Hard

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).
  1. An initial declaration is irrevocable regardless of later evidence.
  2. The rule permits such a petition on that ground, subject to proof and the proper process.
  3. Only the owner's competitors abroad may petition.
  4. The petition automatically cancels all patents owned by the registrant.
  5. 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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