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Intellectual Property Code of The Philippines: Answer #

The document outlines key sections of the Intellectual Property Code of the Philippines related to trademarks. It discusses how trademarks are acquired through registration, the process for registering a mark including application requirements, opportunities for opposition to an application, effects of registration including rights conferred, and procedures for renewal or cancellation of a registration. The document also addresses classification of goods and services, corrections to applications and registrations, and evidentiary value of certificates of registration.

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0% found this document useful (0 votes)
99 views

Intellectual Property Code of The Philippines: Answer #

The document outlines key sections of the Intellectual Property Code of the Philippines related to trademarks. It discusses how trademarks are acquired through registration, the process for registering a mark including application requirements, opportunities for opposition to an application, effects of registration including rights conferred, and procedures for renewal or cancellation of a registration. The document also addresses classification of goods and services, corrections to applications and registrations, and evidentiary value of certificates of registration.

Uploaded by

Angelo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTELLECTUAL PROPERTY CODE OF THE

PHILIPPINES
Answer # Question
A 1 Means any visible sign capable of
(SEC. 121) distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container of goods.
A. MARK
B. COLLECTIVE MARK
C. TRADE NAME
D. BUREAU
B 2 The rights in a mark shall be acquired
(SEC. 122) through such method made validly in
accordance with the provisions of this law.
A. TRADEMARK
B. REGISTRATION
C. STEALING
D. DIPLOMACATION
D 3 A mark cannot be registered if it contains
(SEC. 123) the following except:
A. IMMORAL MATTER
B. DECEPTIVE MATTER
C. SCANDALOUS MATTER
D. CONSISTS OF AN INDIVIDUAL’S NAME WITH
CONSENT
D 4 The application for the registration of the
(SEC. 124) mark shall be in Filipino or in English and
shall contain the following except:
A. A REQUEST FOR REGISTRATION
B. THAE NAME OF THE APPLICANT
C. THE ADDRESS OF THE APPLICANT
D. A REQUEST FOR CANCELLATION
A 5 If the applicant is not domiciled or has no
(SEC. 125) real and effective commercial establishment
in the Philippines, he shall designate by
such file in the office, the information of
the Philippine resident who may be served
notices or process in proceedings affecting
the mark.
A. THROUGH WRITTEN DOCUMENT
B. THROUGH FB MESSAGE
C. THROUGH WORD OF MOUTH
D. THROUGH THE DEEP WEB
B 6 The basic purpose of such is to make of
(SEC. 126) record, that a significant element of a
composite mark is not being exclusively
appropriated from the composite.
A. REQUESTS
B. DISCLAIMERS
C. DISCLOSURES
D. FORECLOSURES
C 7 No filing date shall be accorded until the
(SEC 127.) required fee is deemed as such.
A. OWING
B. FAILED TO BE PAID
C. PAID
D. HAS INTEREST
A 8 Where goods and/or services belonging to
(SEC. 128) several classes of in such classification,
have been included in one application, the
application shall result in two
registrations.
A. NICE CLASSIFICATION
B. KIND CLASSIFICATION
C. PRETTY CLASSIFICATION
D. PURE CLASSIFICATION
A 9 The divisional applications shall preserve
(SEC. 129) the filing date of the initial application
or the benefit of the right of such.
A. PRIORITY
B. LATTERING
C. FINAL CHOICE
D. SECOND CHOICE
D 10 Where a signature is required, the office
(SEC. 130) shall accept the following except:
A. A HAND-WRITTEN SIGNATURE
B. PRINTED SIGNATURE
C. STAMPED SIGNATURE
D. PICTURE OF THE PERSON DOING THE THUMBS
UP
D 11 No registration of a mark in the
(SEC. 131) Philippines by a person described in this
section shall be granted until such mark
has been registered in the country of
origin of such person.
A. THE FOREIGNER
B. THE PRESIDENT
C. THE DIRECTOR
D. THE APPLICANT
C 12 If the application does not satisfy the
(SEC. 132) filing requirements, the office shall
notify the applicant who shall within a
fixed period complete or correct the
application as required, otherwise, the
application shall be considered as such.
A. PERPETUAL
B. LEGAL
C. WIHDRAWN
D. VALID
D 13 Where the office finds that the conditions
(SEC. 133) are fulfilled, I shall, upon payment of
such, be published in the prescribed
manner.
A. LEGAL FEES
B. UTILITIES EXPENSE
C. MISCELLANEOUS FEE
D. PRESCRIBED FEE
C 14 Any person who believes that he would be
(SEC. 134) damaged by the registration of a mark may,
upon payment of the required fee and within
such amount of days after the publication,
file with the office an opposition to the
application.
A. 32 DAYS
B. 33 DAYS
C. 30 DAYS
D. 29 DAYS
D 15 Upon the filing of such, the office shall
(SEC. 135) serve notice of the filing of the
applicant, title or interest in the mark
covered by the application to appear of
record in the office.
A. REGRISTRATION
B. PERPETUATION
C. CONTINUATION
D. OPPOSITION
A 16 Confers upon the trademark owner the
(SEC. 136) exclusive right to sue those who have
adopted a similar mark not only in
connection with the goods or services
specific in the certificate, but also with
those that are related thereto.
A. CERTIFICATE OF TRADEMARK REGISRATION
B. CERTIFICATE OF PATENT REGISTRATION
C. CERTIFICATE OF COPYRIGHT INFRINGMENT
D. CERTIFICATE OF COPYRIGHT REGISTRATION
D 17 Such department shall maintain a register
(SEC. 137) in which shall be registered marks,
numbered in order of their registration,
and all transactions in respect of each
mark, required to be recorded by virtue of
this law.
A. THE SUPREME COURT
B. THE CONGRESS
C. THE PRESIDENT
D. THE OFFICE
C 18 Shall be prima facie evidence of the
(SEC. 138) validity of the registration, the
registrant’s ownership of the mark, and of
the registrant’s exclusive right to use the
same in connection with the certificate.
A. CERTIFICATE OF TRADEMARK REGISRATION
B. CERTIFICATE OF PATENT REGISTRATION
C. CERTIFICATE OF REGISTRATION
D. CERTIFICATE OF COPYRIGHT REGISTRATION
D 19 Such department shall publish, in the form
(SEC. 139) and within the period fixed by the
regulations, the mark registered, in the
order of their registration.
A. THE SUPREME COURT
B. THE CONGRESS
C. THE PRESIDENT
D. THE OFFICE
D 20 Upon application of the registrant, the
(SEC. 140) office may permit any registration to be
surrendered for cancellation and upon
cancellation the appropriate entry shall be
made in the records of:
A. THE SUPREME COURT
B. THE CONGRESS
C. THE PRESIDENT
D. THE OFFICE
D 21 Copies of the following when signed shall
(SEC. 141) be evidence in all cases wherein the
originals would be evidence, except for:
A. RECORDS
B. BOOKS
C. PAPERS
D. 2 X 2 PHOTO
B 22 Whenever a material mistake in a
(SEC. 142) registration through the fault of the
office is clearly discloses by the records
of the office, such may be issued in
accordance with the regulations and without
charge.
A. NEW CERTIFICATE OF CANCELLATION
B. NEW CERTIFICATE OF REGISTRATION
C. NEW CERTIFICATE OF CIRCULATION
D. NEW CERTIFICATION OF PUBLICATION
B 23 In case of mistake in the application, the
(SEC. 143) correction shall be entered accordingly
upon payment of such.
A. ITILITY FEES
B. PRESCRIBED FEE
C. UTANG
D. DEBT
A 25 Goods or services may not be considered as
(SEC. 144) being similar or dissimilar to each other
on the ground that, in any registration or
publication by the office, they appear in
different classes under such
classification.
A. NICE CLASSIFICATION
B. MEAN CLASSIFICATION
C. OPEN CLASSIFICATION
D. MEDLEY CLASSIFICATION
C 26 A certificate of registration in the IP
(SEC. 145) office shall remain in force for set amount
of years.
A. 7 YEARS
B. 8 YEARS
C. 10 YEARS
D. 9 YEARS
C 27 A registration under the IP office may be
(SEC. 146) renewed for periods of such years at its
expiration upon filing of a request and
payment of the prescribed fee.
A. 7 YEARS
B. 8 YEARS
C. 10 YEARS
D. 9 YEARS
A 28 It means the name or designation
(SEC. 147) identifying or distinguishing an
enterprise, also known or referred to as
business identifier.
A. TRADENAME
B. NAME
C. LOGO
D. COPYRIGHT
D 29 Registration of the mark shall not confer
(SEC. 148) on the registered owner the right to
preclude third parties from using the
following except:
A. BONA FIDE THEIR NAMES
B. BONA FIDE THEIR ADDRESSES
C. PSEUDONYMS
D. BIRTH CERTIFICATE
A/B 30 An application for registration of a mark,
(SEC. 149) or its registration, may be done so with or
without the transfer of the business using
the mark.
A. ASSIGNED
B. TRANSFERRED
C. STOLEN
D. TAKEN
B 31 Any such concerning the registration of a
(SEC. 150) mark, or an application therefor, shall
provide for effective control by the
licensor of the quality of the goods or
services of the licensee in connection with
which the mark is used.
A. ANY DRIVER’S LICENSE
B. ANY LICENSE CONTRACT
C. ANY CONTRACT OF SALE
D. ANY LICENSURE
D 32 A petition to cancel a registration of a
(SEC. 151) mark under this act may be filed with the
Bureau of Legal affairs by any person who
believes that he is or will be damaged by
the registration of a mark within such
years from the date of the registration.
A. ELEVEN YEARS
B. NINE YEARS
C. SEVEN YEARS
D. FIVE YEARS
C 33 Non-use of any mark may be excused if
(SEC. 152) caused by circumstances arising
independently of the will of such person.
A. THE DIRECTOR
B. THE OFFICE
C. THE TRADEMARK OWNER
D. THE SPOUSE
D 34 Insofar as applicable, the petition for
(SEC. 153) such shall be in the same form as provided
in this law, so will the hearing.
A. REGRISTRATION
B. PERPETUATION
C. CONTINUATION
D. CANCELLATION
C 35 The cancellation of registration of a
(SEC. 154) trademark has the effect of depriving the
registrant of protection from infringement
from the moment judgment or order of
cancellation has become deemed as such.
A. RECEIVED
B. THGOUGHT ABOUT
C. FINALIZED
D. PREPARATORY
D 36 Any person who shall without the consent of
(SEC. 155) the owner do the following shall be liable
in a civil action for infringement by the
registrant for the remedied hereinafter set
forth, except:
A. USE IN COMMERCE ANY REPRODUCTION
B. CONTERFEIT
C. COPY
D. SELL WITH THE CONSENT OF THE OWNER
B 37 On application of the complainant, the
(SEC. 156) court may impound during the pendency of
the action, sales invoices and other
documents evidencing such.
A. EDUCATION
B. SALES OR PROFIT
C. FAMILY BACKGROUND
D. OCCUPATION
C 38 In regard to counterfeit goods, the simple
(SEC. 157) removal of the trademark affixed shall not
be sufficient other than in exceptional
cases which shall be determined by the
regulations, to permit the release of the
goods into the channels of:
A. GOVERNMENT
B. EDUCATION
C. COMMERCE
D. TELEVISIONS
C/D 39 In any suit for infringement, the owner of
(SEC. 158) the registered mark shall not be entitled
to recover such unless the acts have been
committed with knowledge that such
imitation is likely to cause confusion, or
to cause mistake, or to deceive.
A. INJURY
B. INJURIES
C. PROFITS
D. DAMAGES
A/C 40 A registered mark shall have no effect
(SEC. 159) against any person who, in good faith,
before filing date or the priority date,
was using the mark for the purposes of
such.
A. BUSINESS
B. DECEPTION
C. ENTERPRISE
D. FRAUDULENCE
D 41 Any foreign national or juridical person
(SEC. 160) who meets the requirements of this act and
does not engage in business in the
Philippines may bring a civil or
administrative action hereunder for the
following, except:
A. OPPOSITION
B. CANCELLATION
C. INFRINGEMENT
D. DUE DILIGENCE IN BUSINESS
D 42 Judgment and orders shall be certified by
(SEC. 161) the court to such person, who shall make
appropriate entry upon the records of the
bureau, and shall be controlled thereby.
A. THE PRESIDENT
B. THE CONGRES
C. THE OFFICE
D. THE DIRECTOR
A/B/C 43 Any person who shall procure registration
(SEC. 162) in the office of a mark by a false or such
declaration or representation, whether oral
or in writing, or by any false means, shall
be liable in a civil action by any person
injured thereby for any damages sustained
in consequence thereof.
A. FRAUD
B. DECEPTION
C. MACHINATION
D. GOOD
D 44 All actions under sections 150, 155, 164,
(SEC. 163) and 166 to 169 shall be brought before the
proper courts with appropriate jurisdiction
under such.
A. FUTURE LAWS
B. LAWS TO COME
C. LAWS IN FIRST READINGS
D. EXISTING LAWS
A 45 It shall be the duty of the clerks of such
(SEC. 164) courts within the given amount of time,
after the filing of any action, suit, or
proceeding involving a mark registered
under the provisions of this act.
A. ONE MONTH
B. TWO MONTHS
C. THREE MONTHS
D. FOUR MONTHS
B 46 A name or designation may not be used as a
(SEC. 165) trade name if by such or the use to which
its name or designation may be put, it is
liable to deceive trade circles or the
public as to the nature of the enterprise
identified by that name.
A. ITS COMPARISON
B. ITS NATURE(NATURE OF THE BUSINESS)
C. ITS NAME
D. ITS METHOD OF PROCESS
C 47 Means the name or designation identifying
(SEC. 166) or distinguishing an enterprise.
A. MARK
B. TRADE MARK
C. TRADE NAME
D. TRADING CARD
C 48 The registered owner shall notify such
(SEC. 167) person of any changes made in respect to
the agreement related to the mark.
A. THE OWNER
B. THE DIRECTOR
C. THE OFFICE
D. THE BUREAU
A 49 Has been defined as the passing off or
(SEC. 168) attempting to pass off upon the public the
goods or business of one person as the
goods or business of another with the end
and probable effect of deceiving the
public.
A. UNFAIR COMPETITION
B. UNHEALTHY COMPETITION
C. HEALTHY COMPETITION
D. FAIR COMPETITION
A 50 Any goods marked or labeled in
(SEC. 169) contravention of the provisions of this
section shall not be imported into the
Philippines or admitted entry at any
customhouse of:
A. THE PHILIPPINES
B. INDONESIA
C. THE UNITED STATES OF AMERICA
D. EUROPE
C 51 Independent of the civil and administrative
(SEC. 170) sanctions imposed by law, a criminal
penalty of imprisonment of 2 to what amount
of years shall be imposed.
A. 3 YEARS
B. 4 YEARS
C. 5 YEARS
D. 6 YEARS

PREPARED BY: AAG_L3_MILL

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