Practice question
Under Rule 5 of MC 2025-009, an applicant relies solely on a foreign registration certificate and refuses evidence on use and promotion, market share, distinction and reputation. Is that single-item approach necessarily sufficient?
- Yes; one foreign registration conclusively proves every mandatory criterion.
- Yes; local and international reputation are legally irrelevant.
- No; because foreign registrations can never be considered at all.
- Yes; the applicant may eliminate every mandatory criterion by declaration.
- No; Rule 5 expressly requires inclusion of criteria (a)-(d), while other listed factors may also be considered.
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.