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Philippine Bar review · Question

Practice question: Well-known Marks

Multiple Choice Medium

Practice question

An applicant submits a sworn claim that its mark is famous but no supporting reputation evidence. It argues that the Rule 6 ex parte process prevents the examiner from requesting additional documents. Resolve.
  1. Ex parte means all assertions must be accepted without evaluation.
  2. Only an opposing party may ever present evidence.
  3. The application automatically creates conclusive worldwide status.
  4. The examiner may require additional supporting documents to establish well-known status.
  5. The examiner must treat every unsupported claim as a patent.

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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