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IPOPHL Trademark Agent study materials
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IPOPHL Trademark Agent practice questions

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Question 1Trademark registrability and absolute grounds for refusal

Under the IPOPHL trademark framework, which of the following is an absolute ground for refusal that does not depend on any prior third-party right?

  1. The mark is confusingly similar to a mark with an earlier filing date.
  2. The mark infringes a prior well-known mark protected under the Paris Convention.
  3. The mark is identical with an earlier registered mark for related goods.
  4. The mark consists exclusively of signs that have become customary in current language. Correct answer.

Explanation

Absolute grounds concern the inherent registrability of the sign itself, independent of any competing earlier right. Signs that have become customary in current language or established trade practices are expressly disqualified because they cannot function as a source identifier. The other choices all depend on comparing the application with a pre-existing third-party right, which makes them relative grounds.

Question 2Trademark registrability and absolute grounds for refusal

An applicant seeks to register the word 'LUMINOUS' for electric lamps. The examiner considers whether the term is descriptive of the goods. Which standard governs whether a mark is merely descriptive?

  1. Whether the term is understood by the relevant purchasing public as describing a quality, feature, or purpose of the goods. Correct answer.
  2. Whether the term appears in a dictionary as an ordinary adjective.
  3. Whether the term is longer than the average brand name in the sector.
  4. Whether the applicant coined the term without knowledge of the dictionary meaning.

Explanation

Descriptiveness is assessed from the perspective of the relevant consumers and the goods or services concerned. A term is merely descriptive when it immediately conveys a quality, feature, purpose, or characteristic of those goods rather than identifying their commercial source. Dictionary presence and the applicant's subjective intent are not the governing test.

Question 3Trademark registrability and absolute grounds for refusal

Which of the following signs is most likely to be refused as lacking distinctiveness because it consists exclusively of a shape that gives substantial value to the goods?

  1. An arbitrary combination of two unrelated words.
  2. A fanciful device featuring an invented animal character.
  3. A coined word mark with no meaning in any language.
  4. An ornamental bottle shape that consumers buy primarily for its aesthetic appeal. Correct answer.

Explanation

Signs consisting exclusively of a shape that gives substantial value to the goods are excluded because the shape is the product's attraction rather than a badge of origin. Where consumers purchase the item mainly for its aesthetic or ornamental form, the shape cannot serve as a trademark. Coined words, arbitrary combinations, and fanciful devices are inherently distinctive.

Question 4Trademark registrability and absolute grounds for refusal

A mark consists of the generic name of the product itself. What is the correct registrability consequence?

  1. It is registrable if the applicant has used it for at least five years.
  2. It is registrable if the generic word is combined with a descriptive slogan.
  3. It is registrable if the applicant adds a disclaimer for the generic word.
  4. It is incapable of distinguishing the goods and is refused as an absolute ground. Correct answer.

Explanation

A generic term is the common name of the goods and cannot identify a single commercial source, so it is incapable of distinguishing goods and is refused outright. A disclaimer cannot rescue a term that is the product name itself, and no amount of use converts a generic name into a trademark. Combining a generic term with descriptive matter does not cure the defect.

Question 5Trademark registrability and absolute grounds for refusal

An application covers 'restaurant services' and the mark is the phrase 'THE BEST TASTING FOOD IN TOWN'. How should the examiner treat this sign?

  1. As a merely descriptive or laudatory phrase that is non-distinctive for the services. Correct answer.
  2. As a registrable mark because it contains no generic product name.
  3. As a registrable mark because it is inherently distinctive as a slogan.
  4. As a registrable mark because it is a complete sentence.

Explanation

Laudatory and self-congratulatory phrases that merely praise the quality of the goods or services are treated as descriptive and non-distinctive. The length of the phrase or its grammatical completeness does not create distinctiveness. Such a phrase tells consumers something about the food rather than identifying a particular restaurant.

Question 6Trademark registrability and absolute grounds for refusal

Which sign would be refused because it is contrary to public order or morality?

  1. A mark containing a graphic sexual image that offends prevailing standards. Correct answer.
  2. A mark featuring an abstract geometric pattern.
  3. A mark consisting of a foreign word with an unknown meaning.
  4. A mark consisting of a surname common in the Philippines.

Explanation

Signs that offend public order or morality are excluded by absolute ground, and an obscene or offensive graphic falls squarely within that exclusion. The test looks at prevailing standards of the relevant public. Foreign words of unknown meaning, abstract patterns, and common surnames do not engage this ground.

Question 7Trademark registrability and absolute grounds for refusal

A mark reproduces the national flag of the Philippines. What is the examiner's proper action?

  1. Register it if the flag forms only a small part of the overall mark.
  2. Refuse it because signs contrary to public policy, including national flags, are excluded. Correct answer.
  3. Register it if the applicant obtains consent from a government agency.
  4. Register it if the flag is depicted in black and white.

Explanation

National flags and other emblems protected under state sovereignty are excluded as absolute grounds, reflecting public policy. The exclusion applies regardless of the size of the emblem within the composite mark. Consent from an agency or monochrome rendering does not remove the statutory bar.

Question 8Trademark registrability and absolute grounds for refusal

When does a term that was originally descriptive become registrable on the basis of acquired distinctiveness?

  1. When the term has been used so extensively that the relevant public primarily associates it with the applicant's goods. Correct answer.
  2. When the applicant files a declaration stating the term is distinctive.
  3. When the term is used in a logo rather than in plain text.
  4. When the term has been registered in a foreign country.

Explanation

Acquired distinctiveness arises when, through use and promotion, the relevant public comes to identify the term as denoting the applicant's goods rather than describing them. The evidence must show that the mark has acquired a secondary meaning in the market. A mere declaration, foreign registration, or stylization does not by itself establish this.

Question 9Trademark registrability and absolute grounds for refusal

Which of the following is the correct description of a mark that is 'deceptively misdescriptive'?

  1. A mark that is merely suggestive of the goods' qualities.
  2. A mark that is a common surname of the applicant.
  3. A mark that misrepresents the nature, quality, or origin of the goods in a way likely to deceive consumers. Correct answer.
  4. A mark that is a coined term with no meaning.

Explanation

A deceptively misdescriptive mark conveys a false or misleading impression about the goods, such as their nature, quality, or geographic origin, in a manner likely to deceive purchasers. The deception must relate to a material characteristic of the goods. Suggestive, surname, and coined marks do not fit this category.

Question 10Trademark registrability and absolute grounds for refusal

An applicant seeks to register 'SILK' for synthetic polyester fabrics. How should the examiner analyze the application?

  1. Refuse it only if a prior silk producer opposes the application.
  2. Refuse it as deceptively misdescriptive because it falsely suggests the fabric is natural silk. Correct answer.
  3. Register it because the word is not a generic name for polyester.
  4. Register it because 'SILK' is an arbitrary term for fabrics.

Explanation

A term that falsely describes a material characteristic of the goods, here suggesting natural silk for a synthetic fabric, is deceptively misdescriptive and is refused as an absolute ground. The deception concerns a material quality that consumers care about. The ground operates independently of any opposition by a third party.

Question 11Trademark registrability and absolute grounds for refusal

Which sign is excluded because it consists exclusively of a shape that results from the nature of the goods themselves?

  1. A stylized animal device.
  2. A combination of colors arranged arbitrarily.
  3. A distinctive word coined for the brand.
  4. A shape that is technically necessary to obtain a functional result. Correct answer.

Explanation

Shapes dictated solely by the nature of the goods or by a technical result are excluded because they must remain available to competitors and do not function as source identifiers. The exclusion targets functional shapes rather than ornamental or arbitrary signs. Word marks, devices, and arbitrary color arrangements are assessed differently.

Question 12Trademark registrability and absolute grounds for refusal

A mark consists of a single letter 'K' presented in an ordinary typeface for clothing. What is the most accurate registrability assessment?

  1. It is registrable only if it is registered in a foreign country first.
  2. It may be refused as non-distinctive because a single letter in ordinary type does not identify a source. Correct answer.
  3. It is refused because it is a generic name for clothing.
  4. It is automatically registrable because letters are always distinctive.

Explanation

Single letters or numerals in ordinary type are generally non-distinctive because they are commonly used and do not, by themselves, identify a commercial source. Distinctiveness may be achieved through stylization or acquired through use. Letters are not automatically registrable, and a single letter is not a generic product name.

Question 13Trademark registrability and absolute grounds for refusal

Which statement correctly describes the treatment of color per se as a trademark?

  1. Color per se is always registrable if the applicant uses it consistently.
  2. Color per se is generally non-distinctive unless it has acquired distinctiveness through use. Correct answer.
  3. Color per se is never capable of registration under any circumstances.
  4. Color per se is registrable only if it is a primary color.

Explanation

Color alone is generally not inherently distinctive because colors are used for decoration and are needed by competitors. It may nonetheless be registered where the applicant proves that the color has acquired distinctiveness as a source identifier. The rule does not turn on whether the color is primary or on mere consistency of use.

Question 14Trademark registrability and absolute grounds for refusal

An application contains the words 'MANILA' for locally made handicrafts. Which analysis is most appropriate?

  1. The term may be refused if it is descriptive of the geographic origin of the goods. Correct answer.
  2. The term is registrable because it is a place name rather than a product name.
  3. The term is registrable because geographic terms are always arbitrary.
  4. The term is refused because all place names are absolutely excluded.

Explanation

Geographic terms are assessed for whether they describe the place of origin of the goods, in which case they are non-distinctive and misleading if the goods do not in fact come from there. Place names are not categorically excluded, and they are not automatically arbitrary. The key is the descriptive or deceptive message the term conveys about origin.

Question 15Trademark registrability and absolute grounds for refusal

Which of the following signs is excluded because it is a generic term for the category of services in the application?

  1. The ordinary name of the delivery service itself, used for that service. Correct answer.
  2. A coined word used for a delivery service.
  3. An arbitrary surname used for a courier service.
  4. A suggestive term requiring imagination for a courier service.

Explanation

The ordinary name of a service is generic for that service and cannot distinguish one provider from another. Coined, arbitrary, and suggestive terms are all capable of distinguishing because they do not name the service category. The generic-name exclusion applies to the common designation of the services claimed.

Question 16Trademark registrability and absolute grounds for refusal

What is the correct treatment of a mark that consists solely of a sign indicating the kind, quality, quantity, intended purpose, or value of the goods?

  1. It is refused as merely descriptive and non-distinctive. Correct answer.
  2. It is registrable if the applicant disclaims the descriptive portion.
  3. It is registrable because it is informative to consumers.
  4. It is refused only if a competitor objects.

Explanation

Signs that serve in trade to designate the kind, quality, quantity, intended purpose, or value of the goods are merely descriptive and lack inherent distinctiveness. Being informative is the very reason they are refused, since competitors must remain free to use them. A disclaimer does not make the whole mark distinctive, and the ground is examined ex officio.

Question 17Trademark registrability and absolute grounds for refusal

Which sign would be excluded on the ground that it is contrary to public order because it promotes an illegal activity?

  1. A mark consisting of a common English word.
  2. A mark depicting a stylized flower.
  3. A mark that explicitly promotes the sale of prohibited drugs. Correct answer.
  4. A mark featuring a geometric logo.

Explanation

Signs whose use would promote or normalize illegal activity offend public order and are refused as an absolute ground. The assessment focuses on the message the mark conveys in the context of the goods or services. Neutral images, ordinary words, and abstract logos do not engage this ground.

Question 18Trademark registrability and absolute grounds for refusal

An applicant adopts the name of a living individual without that person's consent. What is the correct registrability consequence?

  1. It is registrable if the individual is not famous.
  2. It is registrable if the applicant uses the name for unrelated goods.
  3. It is registrable because names are always distinctive.
  4. It may be refused because the mark consists of the name of a living person whose consent has not been obtained. Correct answer.

Explanation

Using the name of a living individual without consent is an absolute ground for refusal, protecting personal rights. The rule does not depend on whether the individual is famous or on the goods being unrelated. Names are not automatically distinctive, and lack of fame does not remove the consent requirement.

Question 19Trademark registrability and absolute grounds for refusal

Which of the following best states the test for whether a mark is 'merely descriptive' rather than 'suggestive'?

  1. Whether the mark contains more than one word.
  2. Whether the mark uses a foreign language.
  3. Whether the mark requires imagination or a mental leap to connect it to the goods. Correct answer.
  4. Whether the mark is registered in another country.

Explanation

The distinction turns on how directly the mark conveys a characteristic of the goods. A suggestive mark requires imagination or a mental leap, while a merely descriptive mark immediately describes. The number of words, foreign registration, and language choice are not the governing criteria.

Question 20Trademark registrability and absolute grounds for refusal

A mark consists of a sign that has become customary in the established practices of trade for the goods. What is the consequence?

  1. It is refused only if a competitor has used it first.
  2. It is refused as non-distinctive because it is customary in trade. Correct answer.
  3. It is registrable because customary signs are inherently distinctive.
  4. It is registrable if it is stylized in a distinctive font.

Explanation

Signs that have become customary in current language or in the established practices of trade are excluded as non-distinctive. Such signs are understood as generic trade usages rather than as source identifiers. Stylization does not necessarily cure the defect, and the ground is examined ex officio.

Question 21Trademark registrability and absolute grounds for refusal

Which sign is excluded because it is a generic term for a category of goods and thus incapable of distinguishing?

  1. A coined term with no dictionary meaning.
  2. The common name of the goods themselves. Correct answer.
  3. A suggestive term requiring imagination.
  4. An arbitrary term unrelated to the goods.

Explanation

The common name of the goods is generic and cannot function as a trademark. Coined, arbitrary, and suggestive terms are all capable of distinguishing because they do not name the product category. The generic-name exclusion applies to the ordinary designation of the goods.

Question 22Trademark registrability and absolute grounds for refusal

An applicant seeks to register a mark that is identical to a protected national emblem of a foreign state. How should the examiner treat the application?

  1. Refuse it because state emblems, including foreign ones, are excluded as absolute grounds. Correct answer.
  2. Register it if the emblem is not well known domestically.
  3. Register it because the emblem belongs to a foreign state.
  4. Register it if the applicant is a national of that foreign state.

Explanation

State emblems, including those of foreign states, are protected against trademark appropriation and are excluded as an absolute ground. The exclusion reflects international obligations and public policy. The applicant's nationality or the emblem's local fame does not remove the bar.

Question 23Trademark registrability and absolute grounds for refusal

Which statement best captures the relationship between absolute and relative grounds in trademark examination?

  1. Relative grounds are examined ex officio, while absolute grounds require a prior registration.
  2. Absolute grounds concern the inherent registrability of the sign, while relative grounds concern conflicts with earlier rights. Correct answer.
  3. Absolute grounds are examined only when a third party files an opposition.
  4. Absolute and relative grounds are identical and interchangeable.

Explanation

Absolute grounds focus on whether the sign itself is capable of distinguishing and is not excluded by public policy or inherent defects. Relative grounds compare the application with earlier third-party rights. The two categories are distinct, and absolute grounds are examined by the office ex officio.

Question 24Trademark registrability and absolute grounds for refusal

A mark consists of a sign that is incapable of distinguishing the applicant's goods from those of others because it is a purely ornamental feature. What is the correct analysis?

  1. It is refused because ornamentation is contrary to public order.
  2. It may be refused as non-distinctive unless it has acquired distinctiveness as a source identifier. Correct answer.
  3. It is registrable because ornamentation is always distinctive.
  4. It is registrable if the ornament is printed on the packaging.

Explanation

Purely ornamental features are generally perceived as decoration rather than as indicators of source and are therefore non-distinctive. They may nonetheless be registered upon proof of acquired distinctiveness. Ornamentation is not automatically distinctive, and it does not engage public order.

Question 25Trademark registrability and absolute grounds for refusal

Which of the following is the proper treatment of a mark that consists solely of a sign designating the geographical origin of the goods, where the goods do in fact originate from that place?

  1. It is registrable if the applicant uses a distinctive font.
  2. It is registrable because geographic terms are arbitrary.
  3. It is registrable because the statement is accurate.
  4. It may be refused as descriptive of geographic origin and non-distinctive. Correct answer.

Explanation

A term that designates the geographic origin of the goods is descriptive of a characteristic of those goods and is non-distinctive. Accuracy of the statement does not make it registrable, because the concern is source identification. Stylization and the general nature of geographic terms do not create inherent distinctiveness.

Question 26Trademark registrability and absolute grounds for refusal

Under the IP Code, which of the following is an absolute ground for refusal that applies regardless of any prior third-party rights?

  1. The mark is identical with an earlier registered mark for related goods.
  2. The mark is the subject of an earlier pending application for the same goods.
  3. The mark consists of a sign that is incapable of distinguishing the applicant's goods from those of others. Correct answer.
  4. The mark is confusingly similar to a well-known mark protected under the Paris Convention.

Explanation

Absolute grounds concern the inherent registrability of the mark itself, such as lack of distinctiveness, and are examined without reference to prior rights. Relative grounds, by contrast, depend on conflict with earlier marks or rights. The other options all involve earlier third-party rights and are therefore relative grounds.

Question 27Trademark registrability and absolute grounds for refusal

An applicant files for the word mark 'FRESH' for bottled water. The examiner finds that 'FRESH' is a term that is descriptive of a characteristic of the goods. Which statement best describes the examiner's proper analysis under the absolute grounds provision?

  1. The mark must be accepted because descriptiveness is not an absolute ground for refusal.
  2. The mark must be refused only if a third party opposes on the basis of descriptiveness.
  3. The mark must be accepted because 'FRESH' is a suggestive term that requires imagination.
  4. The mark must be refused because it is descriptive, unless the applicant proves acquired distinctiveness. Correct answer.

Explanation

Signs that consist exclusively of terms designating the kind, quality, or other characteristics of the goods are excluded from registration under the absolute grounds provision. However, such a mark may be registered if the applicant proves that it has acquired distinctiveness through use. The examiner therefore refuses unless acquired distinctiveness is shown.

Question 28Trademark registrability and absolute grounds for refusal

A mark consists of a three-dimensional shape of a container that is necessary to obtain a technical result. How should the examiner treat this mark under the absolute grounds for refusal?

  1. The mark is registrable if it has acquired distinctiveness through use.
  2. The mark is registrable because shape marks are always inherently distinctive.
  3. The mark is excluded because it consists exclusively of a shape that is necessary to obtain a technical result. Correct answer.
  4. The mark is registrable if it is graphically represented in a clear and precise manner.

Explanation

The IP Code excludes from registration signs that consist exclusively of a shape that is necessary to obtain a technical result. This exclusion is absolute and cannot be overcome by evidence of acquired distinctiveness. Graphic representation requirements are separate formalities and do not cure the substantive exclusion.

Question 29Trademark registrability and absolute grounds for refusal

An applicant seeks to register a mark that consists of the name of a living individual, filed without that person's written consent. What is the correct registrability conclusion?

  1. The mark is registrable if the individual is a public figure.
  2. The mark is registrable because personal names are always distinctive.
  3. The mark is excluded because it consists of a name that is identical with or merely a copy of a living person without consent. Correct answer.
  4. The mark is registrable if the applicant adds a disclaimer of the name.

Explanation

The IP Code excludes marks that consist of or comprise a name, portrait, or signature identifying a particular living individual, except with that individual's written consent. The absence of consent is therefore an absolute ground for refusal. A disclaimer does not cure the lack of consent.

Question 30Trademark registrability and absolute grounds for refusal

A mark consists of a sign that is a generic term for the category of goods in the application. Which statement best explains why the mark is refused?

  1. Because it is deceptively misdescriptive.
  2. Because it is contrary to public order or morality.
  3. Because it is a shape that results from the nature of the goods.
  4. Because it is incapable of distinguishing the applicant's goods from those of others. Correct answer.

Explanation

Generic terms are the common name for the category of goods and cannot identify a single trader's goods. They are therefore incapable of distinguishing the applicant's goods from those of others and are refused as an absolute ground. This is distinct from descriptiveness, which concerns characteristics rather than the category name itself.

Question 31Trademark registrability and absolute grounds for refusal

A mark consists exclusively of a sign that designates the geographical origin of the goods. Which statement correctly states the registrability rule?

  1. The mark is excluded only if it is misleading as to origin.
  2. The mark is registrable because geographical terms are always suggestive.
  3. The mark is registrable if the applicant is from the same region.
  4. The mark is excluded unless it has acquired distinctiveness through use. Correct answer.

Explanation

Signs that consist exclusively of a geographical origin designation are among the signs excluded by the absolute grounds provision. Such a mark may nevertheless be registered if the applicant proves acquired distinctiveness through use. The exclusion is not limited to misleading geographical terms.

Question 32Trademark registrability and absolute grounds for refusal

Which of the following is the correct treatment of a mark that consists solely of a sign indicating the quantity of the goods?

  1. It is excluded only if it is also generic.
  2. It is registrable if it is presented in a stylized form.
  3. It is excluded as descriptive of a characteristic of the goods. Correct answer.
  4. It is registrable because quantity is not a characteristic.

Explanation

The absolute grounds provision excludes signs that consist exclusively of indications of kind, quality, quantity, intended purpose, value, geographical origin, or time of production. Quantity is expressly listed as a characteristic, so a mark consisting solely of a quantity indication is excluded. Acquired distinctiveness may later overcome the exclusion, but the baseline rule is refusal.

Question 33Trademark registrability and absolute grounds for refusal

An applicant seeks to register a sign that is contrary to public order. The examiner refuses the application. Which statement best explains the nature of this ground?

  1. It is a relative ground that can be waived by third parties.
  2. It is a ground that applies only if a competitor objects.
  3. It is a ground that can be overcome by consent from the public.
  4. It is an absolute ground that the examiner may raise ex officio. Correct answer.

Explanation

Contrary to public order or morality is an absolute ground for refusal under the IP Code. Absolute grounds are examined by the Office on its own initiative and do not depend on third-party objection. Consent or waiver by private parties is irrelevant to this ground.

Question 34Trademark registrability and absolute grounds for refusal

A mark consists of a sign that has become customary in the established practices of trade for the goods. Which statement correctly describes the registrability of this mark?

  1. It is excluded only if it is also descriptive.
  2. It is excluded because it has become customary in the established practices of trade. Correct answer.
  3. It is registrable because customary signs are inherently distinctive.
  4. It is registrable if it has acquired distinctiveness through use.

Explanation

The IP Code excludes signs that have become customary in the established practices of trade from registration. This exclusion reflects that such signs no longer identify a single source. It applies independently of whether the sign is also descriptive.

Question 35Trademark registrability and absolute grounds for refusal

An applicant submits a mark that consists of a single letter 'K' in an ordinary typeface for clothing. The examiner considers whether the mark is capable of distinguishing the goods. Which analysis is most accurate?

  1. The mark is excluded as a matter of law because it is a single letter.
  2. The mark is registrable if it is graphically represented in a clear and precise manner.
  3. The mark is inherently distinctive because letters are always registrable.
  4. The mark is registrable only if it has acquired distinctiveness through use. Correct answer.

Explanation

A single letter in an ordinary typeface is generally incapable of distinguishing goods because it is a basic element of language and trade. Such a mark is refused unless the applicant proves acquired distinctiveness through use. Graphic representation alone does not supply distinctiveness.

Question 36Trademark registrability and absolute grounds for refusal

A mark consists of a sign that is deceptively misdescriptive of the goods. Which statement best captures the examiner's proper treatment?

  1. The mark is registrable if the applicant disclaims the deceptive portion.
  2. The mark is excluded because it is likely to mislead the public as to the nature or quality of the goods. Correct answer.
  3. The mark is excluded only if a third party proves actual confusion.
  4. The mark is registrable because it is merely descriptive and not deceptive.

Explanation

A mark that is deceptively misdescriptive is excluded because it misleads the public about the nature, quality, or other characteristics of the goods. This is an absolute ground that the examiner may raise ex officio. Actual confusion need not be proven, and a disclaimer does not cure the deception.

Question 37Relative grounds, confusing similarity, and prior rights

Under the IPOPHL trademark rules, which earlier right can a trademark examiner raise as a relative ground even if the earlier mark is not registered in the Philippines?

  1. A copyright over a logo registered with the National Library
  2. A well-known mark protected under Article 6bis of the Paris Convention Correct answer.
  3. A pending trademark application published in the IPO Gazette
  4. A business name registered with the DTI but never used in commerce

Explanation

The IP Code recognizes well-known marks, whether registered in the Philippines or not, as a relative ground for refusal and for opposition. Protection flows from the Paris Convention Article 6bis commitment and Section 123.1(e) of the IP Code. A mere pending application or unused business name does not create the same opposable right.

Question 38Relative grounds, confusing similarity, and prior rights

Two marks are compared for confusing similarity. Which factor does Philippine jurisprudence treat as the most decisive?

  1. The color scheme used on the packaging
  2. The number of goods listed in the application
  3. The dominant impression created by the marks as a whole Correct answer.
  4. The nationality of the applicant

Explanation

Philippine courts apply the holistic test, focusing on the overall dominant impression the marks create on the ordinary purchaser. Side-by-side comparison is discouraged; instead the marks are judged by their total commercial impression. Color, goods count, and applicant nationality are not decisive.

Question 39Relative grounds, confusing similarity, and prior rights

An examiner finds that the applicant's mark 'SUNRISE' covers coffee in Class 30 while the earlier registered mark 'SUNRISE' covers shirts in Class 25. What is the correct relative-grounds analysis?

  1. Confusion is unlikely because the goods are unrelated and travel in different channels Correct answer.
  2. The application must be refused because of prior filing alone
  3. Confusion is presumed because the marks are identical
  4. The earlier mark automatically prevails across all classes

Explanation

Identical marks do not automatically create confusion when the goods are unrelated and marketed through different channels. Relatedness of goods and services is a co-equal factor with mark similarity. Registration in different classes covering unrelated products generally negates a likelihood of confusion.

Question 40Relative grounds, confusing similarity, and prior rights

Which doctrine allows an earlier mark to block a later application even when the goods are in different classes, provided the earlier mark is highly reputed?

  1. Doctrine of laches
  2. Doctrine of dilution and well-known mark protection Correct answer.
  3. Doctrine of unfair competition
  4. Doctrine of equivalents

Explanation

The dilution doctrine and well-known mark protection extend an earlier mark's reach beyond its registered class when the mark enjoys strong reputation. Section 123.1(e) and (f) of the IP Code embody this. Ordinary marks in unrelated classes do not enjoy such extended protection.

Question 41Relative grounds, confusing similarity, and prior rights

An applicant files for 'KAPÉ LIMA' for a coffee shop. The earlier registered mark is 'KAPE LIMA' for coffee beans. Which analysis best reflects Philippine practice?

  1. The marks are confusingly similar because aural and conceptual identity outweighs minor spelling differences Correct answer.
  2. The application must be allowed because coffee shops and coffee beans are unrelated
  3. The marks are dissimilar because the accent and the word 'shop' change the commercial impression
  4. The marks are dissimilar because the goods and services belong to different classes

Explanation

Minor spelling variations, accents, and phonetic equivalents do not defeat similarity when the marks sound the same and evoke the same concept. Coffee shops and coffee beans are closely related goods and services that travel in overlapping channels. The holistic and aural tests favor a finding of confusing similarity.

Question 42Relative grounds, confusing similarity, and prior rights

A trademark application is opposed on the ground that the applicant's sign is identical to an earlier mark for identical goods. Which relative ground under Section 123.1 of the IP Code applies?

  1. Section 123.1(j) - generic term
  2. Section 123.1(d) - confusingly similar to a registered mark Correct answer.
  3. Section 123.1(a) - lack of distinctiveness
  4. Section 123.1(g) - contrary to public order

Explanation

Section 123.1(d) of the IP Code bars registration of a mark that is identical with or confusingly similar to a mark belonging to a different proprietor and registered earlier. It is the core relative ground for confusing similarity. The other cited provisions concern absolute, not relative, grounds.

Question 43Relative grounds, confusing similarity, and prior rights

Which of the following is the correct test for determining whether two marks are confusingly similar under Philippine law?

  1. Whether an ordinary purchaser, exercising reasonable care, would likely be deceived or confused Correct answer.
  2. Whether the marks share the same number of syllables
  3. A side-by-side comparison of every element of the marks
  4. Whether the marks are identical in every letter

Explanation

The test is whether the ordinary purchaser, exercising reasonable care, would likely be deceived or confused as to the source of the goods. The comparison is holistic, not element-by-element. Identity in every letter or syllable count is not required.

Question 44Relative grounds, confusing similarity, and prior rights

An earlier mark 'VERDE' is registered for fresh vegetables. A later applicant seeks registration of 'VERDE' for agricultural pesticides. Which factor most strongly supports refusal of the later application?

  1. The later application was filed electronically
  2. The later applicant is a foreign corporation
  3. The goods are closely related in trade channels and consumers Correct answer.
  4. The earlier mark contains a color word

Explanation

Relatedness of goods is assessed by trade channels, consumers, and commercial impression. Agricultural pesticides and fresh vegetables are purchased by the same farming community through similar outlets, so confusion is likely. The other factors are legally irrelevant.

Question 45Relative grounds, confusing similarity, and prior rights

Which of the following best describes the 'family of marks' doctrine in Philippine trademark practice?

  1. Marks sharing a common element may be treated as a family, and use of that element by another may be enjoined Correct answer.
  2. The doctrine applies only to service marks
  3. Only marks registered on the same day form a family
  4. Family marks are limited to surnames of the applicant's relatives

Explanation

The family of marks doctrine recognizes that a proprietor may own a group of marks sharing a common distinctive element. A later user of that element may be enjoined if confusion with the family is likely. The doctrine is not limited by filing date, surname, or mark type.

Question 46Relative grounds, confusing similarity, and prior rights

A prior user of an unregistered mark in the Philippines wishes to oppose a later application. What must the prior user establish?

  1. That the mark is registered in a foreign country
  2. That the applicant copied the mark with fraudulent intent, as the sole requirement
  3. That the mark has been published in the IPO Gazette
  4. That the mark was used in commerce in the Philippines before the filing date and has acquired distinctiveness Correct answer.

Explanation

Prior use in commerce in the Philippines, coupled with acquired distinctiveness, can support an opposition even without prior registration. Section 123.1(d) and related provisions recognize prior use as a basis. Foreign registration alone is insufficient.

Question 47Relative grounds, confusing similarity, and prior rights

Which situation is most likely to be treated as trademark infringement rather than mere confusing similarity in an opposition?

  1. A later mark that is dissimilar but in the same class
  2. A later mark that is identical but never used
  3. A later mark that is confusingly similar and used in commerce on related goods Correct answer.
  4. A later mark that is descriptive of the goods

Explanation

Infringement requires use in commerce of a confusingly similar mark on related goods or services. Mere similarity without commercial use, or dissimilarity, does not constitute infringement. Descriptiveness is an absolute ground, not infringement.

Question 48Relative grounds, confusing similarity, and prior rights

An examiner compares 'BLUE OCEAN' for bottled water with 'OCEAN BLUE' for bottled water. Which factor most supports a finding of confusing similarity?

  1. The marks were filed on different dates
  2. The marks use different fonts
  3. The marks are owned by applicants from different regions
  4. The marks contain the same words in reversed order and cover identical goods Correct answer.

Explanation

Reversing the order of identical words often produces the same commercial impression, especially for identical goods. Font, applicant residence, and filing dates do not determine similarity. The holistic test looks at the total impression on the ordinary purchaser.

Question 49Relative grounds, confusing similarity, and prior rights

Which of the following is an absolute ground rather than a relative ground?

  1. The mark is descriptive of the goods Correct answer.
  2. The mark is confusingly similar to a prior user's mark
  3. Confusing similarity with an earlier registered mark
  4. The mark is identical to a well-known mark

Explanation

Descriptiveness is an absolute ground under Section 123.1(a) because it concerns the inherent registrability of the mark, not a conflict with another proprietor's right. The other options all involve earlier rights of third parties.

Question 50Relative grounds, confusing similarity, and prior rights

An applicant seeks to register 'MANILA BEST' for dried mangoes. An earlier registrant owns 'MANILA'S BEST' for dried mangoes. What is the most likely outcome?

  1. Registration is refused because the marks are confusingly similar for identical goods Correct answer.
  2. Registration is allowed because the apostrophe distinguishes the marks
  3. Registration is refused only if the applicant acted in bad faith
  4. Registration is allowed because geographic terms are always weak

Explanation

An apostrophe and a possessive form do not create a distinct commercial impression when the words, sound, and goods are otherwise identical. Confusing similarity is assessed holistically, and minor punctuation differences are insufficient. Bad faith is not required for a relative-grounds refusal.