LAW ON TRADEMARKS

101. It is more significant step identified with establishing brand recognition in

the marketplace, can be associated with or it can be part of your trade name and
can be used to provide legal protection for the use of names, logos, symbols, or
company slogans.
A. Trade name
B. Trademark*
C. Service name
D. Patent

102. It is the official name under which an individual as a sole proprietor or a

company chooses to do business and commonly known as a doing business as
(DBA) name.
A. Trade Name*
B. Trademark
C. Service Name
D. Copyright

103. It is the same type of device as a trademark, but distinguishes the services of
one company from those of another provider, these are often slogans.
A. Trade name
B. Trademark
C. Service mark*
D. Patent

104. A trademark can be registered if it:

I. Consists of immoral, deceptive or scandalous matter, or matter which may
disparage or falsely suggest a connection with person, living or dead, institutions,
beliefs, or national symbols, or bring them into contempt or disrepute.
II. Consists of the flag or coat of arms or other insignia of the Philippines or any
of its political subdivisions, or of any foreign nation, or any simulation thereof.
A. Only I I true
B. Only II is true
C. Both are true
D. Both are false*

105. It means any visible sign designated as such in the application for
registration and capable of distinguishing the origin or any other common
characteristic, including the quality of goods or services of different enterprises
which use the sign under the control of the registered owner of the collective
mark.
A. Bureau
B. Collective mark*
C. Director
D. Examiner

106. All are the criteria for determining whether a mark is well-known, except:
A. The duration, extend and geographical area of any use of the mark, in
particular, the duration, extent and geographical area of any promotion of the
mark, including advertising or publicity and the presentation, at fairs or
exhibitions, of goods and/or services to which the mark applies.
B. The market share, in the Philippines and in other countries, of the goods
and/or services to which the mark applies.
C. The degree of the inherent or acquired distinction of the mark
D. None of the above*

107. Who may apply for a mark?

A. Juridical person*
B. Any applicant
C. All of the above
D. None of the above

108. Requirements of application for trademark are the following, except:

A. Request for registration
B. The name and address of the applicant
C. The name of a state of which the applicant is a national or where he has
domicile; and the name of a State in which the applicant has a real and effective
industrial or commercial establishment
D. None of the above*

109. The filing date of trademark

A. Express or implicit indication that the registration of a mark I sought*
B. Any date of January
C. Indications insufficient
D. Production of the mark

110. I. Amendments to the application. The application may be amended to

correct formalities, to overcome objections made by the Examiner, or for other
reasons arising in the course of examination.
II. Amendments to description or drawing. Amendments to the description or
drawing of the mark may be permitted only if warranted by the mark as shown
on the labels originally filed, but may not be made if the nature of the mark is
change thereby.
A. Only I I true
B. Only II is true
C. Both are true*
D. Both are false

111. It mean Bureau of Trademarks of the Intellectual Property Office.

A. Bureau*
B. Collective mark
C. Competent authority
D. Director

112. ___________for purposes of determining whether a mark is well-known, means

the Court, the Director General, the Director of the Bureau of Legal affairs, or any
administrative agency or office vested with quasi-judicial or judicial jurisdiction
to hear and adjudicate any action to enforce the rights to a mark.
A. Bureau
B. Collective Mark
C. Competent authority*
D. Director

113. __________means the Director of the Bureau of Trademarks.

A. Bureau
B. Collective mark
C. Competent authority
D. Director*

114. ___________means the trademark examiner or any official or employee of the

Bureau of Trademarks authorized to examine applications for registration or
renewals thereof.
A. Collective mark
B. Competent authority
C. Examiner*
D. Director

115. __________means Republic Act No. 8293 otherwise known as the Intellectual
Property Code of the Philippines.
A. Director
B. Bureau
C. Examiner
D. IP Code*

116. __________means head of the Intellectual Property office.

A. Director
B. Examiner
C. Director General*
D. General

117. _________means the Intellectual Property Office’s own publication where all
matters required to be published under the IP Code shall be published.
A. Director
B. Director General
C. IPO Gazette*
D. Mark

118. __________means any visible sign capable of distinguishing the goods

(trademark) or services (service mark) of an enterprise and shall include a
stamped or marked container of goods.
A. Dot
B. Mark*
C. Patent
D. TM

119. __________means the Intellectual Property Office.

A. Room
B. Office*
C. Mark
D. Dot

120. __________means these set of rules and regulations and such Rules of Practice
in Trademarks and Service Marks as may be formulated by the Director of
Trademarks and approved by the Director General.
A. Rules
B. Regulations*
C. Office
D. Bureau

121. Requirements for Applications claiming priority right. An application

claiming priority right must be filed within_______from the date the earliest
foreign application was filed.
A. 6 months*
B. 6 weeks
C. 6 years
D. 6 days

122. A certified copy of the corresponding foreign application together with an

English translation must be filed within_________from the date of filing in the
Philippines.
A. 6 months
B. 3 months*
C. 8 months
D. 12 months

123. I. The drawing of the mark shall be substantially exact representation

thereof as actually used or intended to be used on or in connection with, the
goods or services of the applicant.
II. A typed drawing may be accepted by the Examiner if no special
characteristics have to be shown such as design, style of lettering, color,
diacritical marks, or unusual forms of punctuation.
A. Only I is true
B. Only II is true
C. Both are true*
D. Both are false

124. The size of the sheet on which a Drawing is made must be exactly _________.
A. 210mm x 297mm*
B. 220mm x 300mm
C. 200mm x 230mm
D. 150mm x 200mm

125. _______edges, a single marginal line is to be drawn, leaving the “sight”

precisely____________.
A. 19mm; 172mm x 259mm*
B. 18mm; 165mm x 235mm
C. 20mm; 180mm x 289mm
D. 16mm; 172mm x 260mm

126. The size of the sheet on which the facsimiles are to be printed must
be_______.
A. 70mm x 35mm*
B. 80mm x 25mm
C. 60mm x 15mm
D. 50mm x 25mm

127. Machines and machine tools; motors (except______).

A. Air vehicles
B. Land vehicles*
C. Water vehicles
D. None of the above

128. These are the classification of business or services except:

A. Advertising and business
B. Insurance and financial
C. Public utilities*
D. Communication

129. I. Application prosecute ex parte; protest. An application for registration is

prosecute ex parte by the applicant; that is, the proceedings are like a lawsuit in
which there is a plaintiff (the applicant) but no defendant, the court itself (the
Examiner) acting as the adverse party.
II. Proceedings a contest between Examiner and the Applicant. An ex parte
proceedings in the Office for the registration of a mark is a law contest between
the Examiner, representing the interest of the public and the applicant (or his
attorney), representing his own private interests.
A. Only I is true
B. Only II is true
C. Both are true*
D. Both are false

130. The request of renewal shall contain in the following indications, except:
A. An indication that renewal is sought
B. The name and address of the registrant or his successor-in-interest, hereafter
referred to as the “right holder”
C. The registration number of the registration concerned
D. None of the above*

140. Any distinctive word, name, symbol, emblem, sign, or device, or any
combination thereof, adopted and used by a manufacturer or merchant
on his goods to identify and distinguish them from those manufactured,
sold, or dealt by others.
a. Trademark
b. Tradename
C. Patent
d. Copyright
141. Any visible sign capable of distinguishing goods.
a. Trademark
b. Tradename
c. Patent
d. Copyright

142. Trademarks as performs three distinct functions:

I. They indicate origin or ownership of the articles to which they are
attached.
II. They guarantee that those articles come up to a certain standard of
quality.
II. They advertise the articles they symbolize.
a. Only I is true
b. Only II is true
C. Only III is true
d. 1, I1, and II are true
143. It means any visible sign designated as such in the application for
registration and capable of distinguishing the origin or any other
common characteristic, including the quality of goods or services of
different enterprises which use the sign under the control of the
registered owner of the collective mark.
a. Trademark
b. Tradename
C. Collective Mark
d. Service Mark

144. . I. The ownership of a trademark is acquired by its registration and its

actual use by the manufacturer. or distributor of the goods made
available to the purchasing public.
II. A certificate of registration of a mark, once issued, Constitutes prima
facie evidence of the validity of the registration, of the registrant's
ownership of the mark, and of the registrant's exclusive right to use the
same in connection with the goods or services and those that are related
thereto specified in the certificate.
a.Only I is true
b.Only II is true
c. Both are true
d.Both are false

147. This term has been defined as such a close or ingenious imitation as to
be calculated to deceive ordinary purchasers, or such resemblance of the
infringing mark to the original as to deceive an ordinary purchaser
giving such attention as a purchaser usually gives, and to cause him to
purchase the one supposing it to be the other.
a. Trademark Infringement
b. Colorable Imitation
C. Cancellation ofTrademark
d. Doctrine of Secondary Meaning
148. It refers to such similarity in form, content, words, sound, meaning,
special arrangement, or general appearance of the trademark or
tradename with that of the other mark or tradename in their over-all
presentation or in their essential, substantive and distinctive parts as
would likely mislead or confuse persons in the ordinary course of
purchasing the genuine article.
a. Trademark Infringement
b. Colorable Imitation
C. Cancellation of Trademark
d. Holistic Test
149. It focuses on the similarity of the prevalent features of the competing
trademarks which might cause confusion or deception and thus
constitutes infringement.
a. Holistic Test
b. Doctrine of Secondary Meaning
C. Colorable Imitation
d. Test of Dominancy

150. The _____ mandates that the entirety of the marks in question must be
considered in determining confusing similarity.
a. Holistic Test
b. Doctrine of Secondary Meaning
c. Colorable Imitation
d. Test of Dominancy
151. I. A trademark device is susceptible to registration if it is crafted
fancifully or 'arbitrarily and is capable of identifying and distinguishing
the goods of one manufacturer or seller from those of another.
II. A mark cannot be registered if it is identical with a registered mark
belonging to a different proprietor with an earlier filing or priority date,
with respect to the same or closely relatèd goods or services, or has a
near resemblance to such mark as to likely deceive or cause confusion.
a. Only I is true
b. Only II is true
C. Both are true
d. Both are false
152. I. In contrast, the Holistic or ______ considers the entirety of the marks as
applied to the products, including the labels and packaging, and
focuses not only on the predominant words but also on the other
features appearing on both labels to determine whether one is
confusingly similar to the other as to mislead the ordinary purchaser.
a. Totality Test
b. Doctrine of Secondary Meaning
c. Colorable Imitation
d. Test of Dominancy
153. It is the lessening of the capacity of a famous mark to identify and
distinguish goods or services, regardless of the presence or absence of: (1)
competition between the owner of the famous mark and other parties; or (2)
likelihood of confusion, mistake or deception.
a. Trademark Infringement
b. Totality Test
C.Trademark Dilution
d. Colorable Imitation
154. These are commonly used as the name or description of a kind of goods
such as "Lite" for beer or "Chocolate Fudge" for chocolate soda drink.
a. Specific marks
b. Generic marks
C. Descriptive marks
d. Non marks

155. This convey the characteristics, functions, qualities or ingredients of a

product to one who has never seen it or does not know it exists, such as
"Arthriticare" for arthritis medication.
a. Specific marks
b. Generic marks
C. Descriptive marks
d. Non marks

156. 1. The gravamen of trademark infringement is the likelihood of

confusion.
II. Generic or descriptive words are subject to registration and belong to
the public domain.
a. Onlylis true
b. Only II is true
c. Both are true
d. Both are false

157. Are those which constitute "the common descriptive name of an article
or substance," or comprise the "genus of which the particular product is
a species," or are "commonly used as the name or description of a kind
of goods," or "imply reference to every member of a genus and the
exclusion of individuating characters," or "refer to the basic nature of the
wares or services provided rather than to the more idiosyncratic
characteristics of a particular product," and are not legally protectable.
a. Specific terms
b. Generic terms
C.Descriptive marks
d. Non marks

158. It "forthwith conveys the characteristics, functions, qualities or

ingredients of a product to one who has never seen it and does not know
what it is," or "if it forthwith conveys an immediate idea of the ingredients,
qualities or characteristics of the goods," or if it clearly denotes what goods or
services are provided in such a way that the consumer does not have to exercise
powers of perception or
imagination.
a. Generic terms
b. Descriptive terms
c. Suggestive terms
d. Specific terms

159. Are those which, in the phraseology of one court, require "imagination,
thought and perception to reach a conclusion as to the nature of the goods."
a.Specific terms
b. Generic terms
c. Descriptive terms
d. Suggestive Terms

160. Confusion of goods is also known as:

a. Source confusion
b. Origin confusion
c. Product confusion
d. All of the above

161. Confusion of business is also known as:

a. Product confusion
b. Origin confusion
C. Goods confusion
d. None of the above

162. It denotes such likeness in form, content, words, sound, meaning, special
arrangement or general appearance of one mark with respect to another
as would likely mislead an average buyer in the ordinary course of purchase.
a. Copyright imitation
b. Trademark imitation
C. Patent imitation
d. Colorable imitation

163. Are those that, though non-identical or non-similar, are so logically

connected to each other that they may reasonably be assumed to originate from
one manufacturer or from economically-linked manutacturers.
a. Related goods and services
b. Related goods
C. Connected services
d. None of the above
164. It means that a word or phrase originally incapable of exclusive
appropriation with reference to an article in the market (because it is
geographically or otherwise descriptive) might nevertheless have been used for
so long and so exclusively by one producer with reference to his article that, in
the trade and to that branch of the purchasing public, the word or phrase has
come to mean that the article was his property.
a. Secondary meaning
b. Thirdly meaning
c. Fourthly meaning
d. Primary meaning

165. Trademark can be used as domain name.

A. Yes
B. No
C. Yes, in some cases
D. None of the above

166. Who administer UDRP?

A. WTO
B. WIPO
C. Supreme Court
D. High Court

167. Geographical indication is

A. Private Right
B. Community Right
C. Intellectual Property Right
D. Both b and c

168. Who can register Geographical Indication?

A. Individual
B. Company
C. Producers
D. No one of the above

169. Certification mark can be registered in

A. Trademark Registry
B. Certification Board
C. Quality Control Board
D. MHRD

170. Certification Mark indicates

A. Source
B. Quality
C. Both a and b
D. None of the above

171. Collective Mark is registered by

A. Partnership Firm
B. Association of a Person
C. Individual
D. Company
172. Hall Mark is
A. Trademark
B. Certification Mark
C. Both a and b

173. Khadi is
A. Trademark
B. Certification Mark
C. Both a and b
D. None of the above

174. Geographical indication can be licensed

A. Yes
B. No
C. Yes in some cases
D. Yes with stringent quality control

175. 1. Well-entrenched in our jurisdiction is the rule that the right to register a
trademark should be based on ownership.
II. When the applicant is not the owner of the trademark being applied for, he has
right to apply for the registration of the same.
a. Only l is true
b. Only II is true
c. Both are true
d. Both are false

176. I. Registration of a trademark, by itself, is not a mode of acquiring

ownership.
II If the applicant is not the owner of the trademark, he has no right to apply for
registration,
a. Only l is true
b. Only II is true
c. Both are true
d. Both are false

177. It means the name or or designation identifying or distinguishing an

enterprise, also known or referred to as business identifier.
A. Trademark
B. Tradename
C. Copyright
D. Patent.
178. The___ states that “the test is not simply to take their words and compare
the spelling and pronunciation of said words”.
A. Partial Rule
B. Dominant Rule
C. Totality Rule
D. None of the above

179. It has been defined as the passing off (or palming off) or 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. Trademark Infringement
B. Trade name infringement
C. Likelihood of confusion
D. Unfair competition

180. Certification mark can be licensed.

A. True
B. False

181. Trademark can be domain name.

A. True
B. False

182. Domain name is used in real world.

A. True
B. False

183. Geographical Indication is public good.

A. True
B. False

184. Geographical Indication is community right.

A. True
B. False

185. Company can register collective mark.

A. True
B. False
186. Trademark can be used in virtual world.
A. True
B. False
187. WTO administer domain name.
A. True
B. False

188. Certification is used along with trademark.

A. True
B. False

189. I. Domain name is used in real world.

II Trademark can be domain name.
a. Only l is true
b. Only II is true
c. Both are true
d. Both are false

190. I. Geographical Indication is public good.

II Geographical Indication is community right.
a. Only l is true
b. Only II is true
c. Both are true
d. Both are false

191. Requirements for Applications claiming priority right. An application

claiming priority right must be filed within_______from the date the earliest
foreign application was filed.
A. 6 months
B. 6 weeks
C. 6 years
D. 6 days

192. A certified copy of the corresponding foreign application together with an

English translation must be filed within_________from the date of filing in the
Philippines.
A. 6 months
B. 3 months
C. 8 months
D. 12 months

193. These are the classification of business or services except:

A. Advertising and business
B. Insurance and financial
C. Public utilities
D. Communication

194. Trademark
A. Is represented graphically
B. Is capable of distinguishing the goods or services of one person from another.
C. May includes shapes of goods or combination of colours
D. All of the above.

195. Design does not include

A. Features of shape
B. Composition of Lines or Colours
C. Mode or principle of construction
D. None of the above.

196. What confers upon the trademark owner the exclusive right to use those
who have adopted a similar mark?
A. Certificate of Ownership
B. Certificate of Trademark Registration
C. Certificate of Right of Use
D. Certificate of Title

197. It is the gravamen of trademark infringement.

A. Trademark Infringement
B. Trade name infringement
C. Likelihood of confusion
D. Unfair competition

198. Focuses on the similarity of the main, prevalent or essential features of the
competing trademarks that might cause confusion.
a. Holistic Test
b. Doctrine of Secondary Meaning
c. Colorable Imitation
d. Dominancy Test

199. It has been defined as the passing off(palming off)

A. Trademark Infringement
B. Trade name infringement
C. Likelihood of confusion
D. Unfair competition
200. __________means Republic Act No. 8293 otherwise known as the Intellectual
Property Code of the Philippines.
A. Director
B. Bureau
C. Examiner
D. IP Code