actreg2 q3 [trademark, copyright] (o)

How is the right over a trademark, service mark or collective mark created or protected by law?

• a. By its usage of owner

• b. By its registration with Intellectual Property Office

• c. By its publication in a newspaper of general circulation

• d. By notarization of the mark

b

How is the right over a tradename created or protected by law?

• a. By its usage of owner

• b. By its registration with Intellectual Property Office

• c. By its publication in a newspaper of general circulation

• d. By its registration with DTI or SEC

a

What is the term and life of a trademark?

• a. It has a term of 10 years which is subject to unlimited times of renewal, thus, it has indefinite life.

• b. It has a term of 5 years which is subject to unlimited times of renewal, thus, it has definite life.

• c. It has a term of 20 years which is subject to unlimited times of renewal, thus, it has Indefinite life.

• d. It has a term of 15 years which is subject to unlimited times of renewal, thus, it has definite life.

a

Which of following marks may be registered before Intellectual Property Office for protection?

• a. Marks consisting exclusively of signs that are generic for the goods or services that they seek to identify

• b. Marks consisting of color along

• c. Marks consisting of shapes only

• d. Marks consisting of combination of color, shapes and drawing

d

Which of the following marks may be registered before Intellectual Property Office for protection?

• a. Marks consisting exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice

• b. Marks identical or confusingly similar to a well-known mark

• c. Marks consisting of a name, portrait or signature identifying a particular living individual with consent of such individual

• d. Marks consisting of portrait of a deceased President of the Philippines, during the life of his widow, if any without by written consent of the widow

c

Which of the following marks may be registered before Intellectual Property Office for protection?

• a. Marks consisting of immoral, deceptive or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute

• b. Marks which are unlikely to mislead the public, particularly as to the nature, quality, characteristics or geographical origin of the goods or service

• c. Marks consisting 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

• d. Marks identical to a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date

b

This test of trademark infringement focuses on the similarity of the main, prevalent or essential features of the competing trademarks that might cause confusion.

• a. Literal infringement test

• b. Doctrine of equivalents test

• c. Dominancy test

• d. Holistic test

c

This test of trademark infringement focuses not only on the predominant words but also on the other features appearing on the labels.

• a. Literal infringement test

• b. Doctrine of equivalents test

• c. Dominancy test

• d. Holistic test

d

It refers to the unauthorized usage by any person of a mark without the consent of the registrant of mark. It also pertains to any reproduction, counterfeiting, copying or colorable imitation of any registered mark or trade-name in connection with the sale, offering for sale, or advertising of any goods, business or services on or in connection with which such use is likely to cause confusion or mistake or to deceive purchasers or others as to the source or origin of such goods or services, or identity of such business.

• a. Trademark infringement

• b. Unfair competition

• c. Trademark misappropriation

• d. Unfair theft

a

It refers to the passing off (or palming off) or attempting to pass off upon the public of 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. Unfair competition

• c. Trademark misappropriation

• d. Unfair theft

b

Which of the following is not a valid defense by the defendant in an action for trademark infringement?

• a. The mark is nonregistrable.

• b. The respondent is the true owner of the mark.

• c. The respondent has right of priority in registration.

• d. The respondent acted in good faith.

d

Which of the following is not a valid defense by the defendant in an action for trademark infringement? (Note: Numbered exactly as it appears in the source document) redundant

• a. The mark is nonregistrable.

• b. The respondent is the true owner of the mark.

• c. The respondent has right of priority in registration.

• d. The respondent acted in good faith.

d

It is an intellectual property that refers to the legal protection extended to the owner of the rights in an original work.

• a. Trademark

• b. Copyright

• c. Tradename

• d. Patent

b

It refers to every production in the literary, scientific and artistic domain such as books and other writings, musical works, films, paintings and other works, and computer programs.

• a. Original work

• b. Imitated work

• c. Counterfeited work

• d. Copied work

a

How is a copyright over original work created or protected by law?

• a. It is created and protected from the moment of creation.

• b. It is created and protected from the moment of registration with Intellectual Property Office.

• c. It is created and protected from the moment of notarization.

• d. It is created and protected from the moment of publication.

a

As a general rule, what is the term of copyright?

• a. The term of protection of copyright for original and derivative works is the life of the author plus (50) years after his death.

• b. The term of protection of copyright for original and derivative works is the life of the author plus (20) years after his death.

• c. The term of protection of copyright for original and derivative works is the life of the author plus (10) years after his death.

• d. The term of protection of copyright for original and derivative works is the life of the author plus (30) years after his death.

a

It refers to a type of right provided by a copyright which enables the creator to obtain remuneration from the exploitation of his works by third parties.

• a. Economic rights

• b. Moral rights

• c. Material rights

• d. Intellectual rights

a

It refers to a type of right provided by a copyright which makes it possible for the creator to undertake measures to maintain and protect the personal connection between himself and the work.

• a. Economic rights

• b. Moral rights

• c. Material rights

• d. Intellectual rights

b

Which of the following is not an example of moral rights granted by a copyright to the creator or original work?

• a. Right of attribution

• b. Right of alteration

• c. Right of integrity by objecting to any prejudicial distortion

• d. Right to restrain the use of his name

• e. Right to rental income

e

Rose commissioned Jack to paint her nude body. Who owns the painting of nude body of Rose?

• a. Jack

• b. Rose

• c. Both Jack and Rose

• d. Neither Jack nor Rose

b

Rose commissioned Jack to paint her nude body. Who owns the copyright over the painting of nude body of Rose?

• a. Jack

• b. Rose

• c. Both Jack and Rose

• d. Neither Jack nor Rose

a

Jane Santos is an employed scriptwriter of ABS CBN Co. As part of her regularly assigned duties, she was able to write the script of the movie One More Chance. Who owns the copyright over the script?

• a. Generally Jane Santos in the absence of express or implied agreement to the contrary

• b. Generally ABS CBN in the absence of express or implied agreement to the contrary

• c. Always Jane Santos

• d. Always ABS CBN

b

Cris Reyes is an employed reporter of GMA7. During his breaktime, Cris was able to write a novel titled True Love using the laptop and printer of GMA7. Who owns the copyright over the novel?

• a. Generally Cris Reyes in the absence of express or implied agreement to the contrary

• b. Generally GMA7 in the absence of express or implied agreement to the contrary

• c. Always Cris Reyes

• d. Always GMA7

a

Which of the following works is not copyrightable?

• a. any official text of a legislative, administrative or legal nature, as well as any official translation thereof

• b. computer programs

• c. drawings or plastic works of a scientific or technical character

• d. lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form

a

Which of the following works is copyrightable?

• a. Speech of a senator

• b. Jurisprudence involving decision of Supreme Court

• c. Philippine Financial Reporting Standards and Philippine Standards on Auditing

• d. Republic Act No. 10963 a.k.a. TRAIN Law

a

It refers to the defense in a suit in copyright infringement which pertains to a privilege to use the copyrighted material in a reasonable manner without the consent of the copyright owner or as copying the theme or ideas rather than their expression. It is an exception to the copyright owner's monopoly of the use of the work to avoid stifling the very creativity which that law is designed to foster.

• a. Doctrine of Fair use

• b. Doctrine of Unfair use

• c. Doctrine of Inappropriate use

• d. Doctrine of Authorized use

a

Question 1 Which of the following statements is incorrect?

a. Trademark infringement is the unauthorized use of a trademark, whereas unfair competition is the passing off of one’s goods as those of another

b. In trademark infringement, fraudulent intent is unnecessary, whereas in unfair competition, fraudulent intent is essential

c. In trademark infringement, the prior registration of the trademark is a prerequisite to the action, whereas in unfair competition, prior registration is not necessary.

d. Trademark infringement results only in the payment of a fine, whereas unfair competition is punishable by imprisonment.

d

Question 2

1st Statement: The dominancy test focused on the similarity of the prevalent features of the competing trademarks that might cause confusion or deception.

2nd Statement: The holistic test requires the court to consider the entirety of the marks as applied to the products, including the labels and packaging, in determining confusing similarity.

• a. Only Statement I is true.

• b. Both statements are true

• c. Only Statement II is true.

• d. Both statements are not true.

b

Question 3 A mark cannot be registered under the following circumstances, except one. Which is it?*

• a. It consists of a name, portrait or signature identifying a particular living individual except by his or her written consent.

• b. It consists of the flag, coat of arms, or other insignia of the Philippines, or any of its political subdivisions.

• c. It consists of immoral, deceptive, or scandalous matter.

• d. It consists of the name or portrait of a well-known fictional character.

d

Question 4*

1st Statement: The nature of the goods to which the mark is applied will not constitute an obstacle to registration.

2nd Statement: The right to register a trademark is based on ownership and a mere distributor of a product bearing trademark, if permitted to use said trademark for distribution purposes, has the right to register said trademark.

• a. Both statements are true.

• b. Only Statement I is true.

• c. Only Statement II is true.

• d. Both statements are not true.

b

Question 5

1st Statement: Any person who believes that he would be damaged by the registration of a mark may, within thirty (30) days after the publication, file with the IPO an opposition to the application.

2nd Statement: When the period for filing the opposition has expired, or when the Director of Legal Affairs shall have denied the opposition, the IPO shall issue the certificate of registration.

• a. Only Statement II is true.

• b. Both statements are true.

• c. Both statements are not true.

• d. Only Statement I is true.

b

Question 6

1st Statement: A certificate of registration of a mark may be issued to the assignee of the applicant.

2nd Statement: A certificate of registration of a mark shall be conclusive evidence of the validity the registration, the registrant's ownership of the mark, and 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. Both statements are not true.

• b. Only Statement I is true.

• c. Both statements are true.

• d. Only Statement II is true.

b

Question 7

1st Statement: A certificate of trademark registration shall remain in force for five (5) years.

2nd Statement: A certificate of trademark registration may be renewed for periods of ten (10) years at its expiration upon payment of the prescribed fee and upon filing of a request.

• a. Both statements are not true.

• b. Only Statement I is true.

• c. Both statements are true.

• d. Only Statement II is true.

d

Question 8 It refers to such similarity in form, content, words, sound, meaning, special arrangement, or general appearance of the mark or trade name with that of the other mark or trade name in their overall presentation or in their essential, substantive or distinctive parts as would likely to mislead or confuse persons in the ordinary course of purchasing the genuine article.*

• a. Trademark infringement.

• b. Doctrine of dilution.

• c. Colorable imitation.

• d. Virtual similarity.

c

Question 9 The following are elements of trademark infringement, except

• a. Lack of consent on the part of the registered owner or their assignee.

• b. There is a likelihood of confusion in the use or application of the trademark.

• c. The trademark is reproduced, copied, counterfeited or colorable imitated.

• d. Registration of trademark in the Securities and Exchange Commission.

d

Question 10*

1st Statement: A registrant's right over a mark may be questioned by a person who has a better right including persons with internationally known marks.

2nd Statement: Registration of a mark is not important to keep the goodwill that identifies in the mind of the public as regards the goods that the owner of the mark manufactures or deals in.

• a. Both statements are true.

• b. Both statements are not true.

• c. Only statement II is correct.

• d. Only Statement I is true.

a

Question 11 How many times can a registered trademark be renewed?

• a. 2 times of 5 years each.

• b. Indefinitely.

• c. 10 times of 10 years each.

• d. 5 times of 10 years each.

b

Question 12 This refers to the right over literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of creation.

• a. Patent.

• b. Trademark.

• c. Occupation.

• d. Copyright.

d

Question 13 This refers to a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing persons will not be identified.

• a. Merged work.

• b. Consolidated work.

• c. Combined work.

• d. Collective work.

d

Question 14 This refers to the natural person who has created a work under copyright.

• a. Tradename.

• b. Author.

• c. Inventor.

• d. Owner.

b

Question 15 In the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process.

• a. Private lending

• b. Private performance

• c. Public performance

• d. Public lending

c

Question 16 The author of a work shall have the following moral rights, except

• a. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation.

• b. To be paid a particular fee for any publication or communication of his work to the public.

• c. To require that authorship of the works be attributed to him.

• d. To make any alterations of his work prior to, or to withhold it from, publication.

b

Question 17*

1st Statement: The author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract.

2nd Statement: When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it.

• a. Only Statement I is true.

• b. Both statements are true.

• c. Both statements are not true.

• d. Only statement II is correct.

b

Question 18

An author may waive his moral rights be a written instrument, but no such waiver shall be valid where its effect is to permit another:

1st Statement: To use the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author.

2nd Statement: To use the name of the author with respect to a work he did not create.

• a. Only Statement I is true.

• b. Both statements are not true.

• c. Only statement II is correct.

• d. Both statements are true.

d

Question 19*

1st Statement: When an author contributes to a collective work, his right to have his contribution attributed to him is not deemed waived.

2nd Statement: The term of moral rights shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license.

• a. Both statements are not true.

• b. Only Statement I is true.

• c. Only statement II is correct.

• d. Both statements are true.

c

Question 20 This refers to actors, singers, musicians, dancers and other persons who act, sing, declaim, play in, interpret, or otherwise perform literary and artistic work.

• a. Professionals.

• b. Specialists.

• c. Performers.

• d. Consultants.

c

Question 21 This refers to use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research and similar purposes which is not considered as infringement of the copyright.

• a. Justified use.

• b. Good faith use.

• c. Fair use.

• d. Effective use.

c

Question 54 Generally, how are rights over a mark acquired?

• a. Through registration.

• b. Through prescription.

• c. Through continuous use.

• d. Through prior use.

a

Question 55 All of the following are factors to be considered in determining whether use of a copyrighted material falls under fair use, except:

• a. The prestige of the author or the specific copyrighted work.

• b. The purpose and character of the use.

• c. The effect of the use upon the potential market for or value of the copyrighted work.

• d. The amount and substantially for the portion used in relation to the copyrighted work as a whole.

a

Question 56 Lorie commissioned Lonely to paint a portrait of her for a fee. Which of the following statements is correct?

• a. Lorie owns the painting and Lonely owns the copyright over the painting.

• b. Lonely owns the painting and Lorie owns the copyright over the painting.

• c. Lonely owns the painting and the copyright over the painting.

• d. Lorie owns the painting and the copyright over the painting.

a

Question 57 Copyright covers

• a. Literary or artistic works.

• b. Utility models.

• c. Brands.

• d. Inventions.

a

Question 58 For copyrightable works, when does protection commence?

• a. From the moment of creation.

• b. From the moment of the first commercial sale.

• c. From the moment of registration with the IPO.

• d. From the moment of application.

a

Question 59 How long does rights to a trademark last?

• a. 5 years from registration.

• b. 15 years from registration.

• c. 20 years from registration.

• d. 10 years from registration.

d

Question 60 What is the effect of the presence of an intent to mislead the public in a case of trademark infringement?

• a. If a trademark is not registered, then there is no unfair competition.

• b. To determine whether there is unfair competition, it must be determined if there is likelihood of confusion.

• c. Unfair competition may exist even without the sale of the goods whose marks are in issue.

• d. The essence of unfair competition is the act of passing off goods as that of another.

d

Question 61 Which of the following marks can be registered?

• a. Marks consisting of a name of deceased individual during the life of his widow.

• b. Marks consisting of a name of a living individual.

• c. Marks consisting of a name of a living President.

• d. Marks consisting of a name of a deceased President during the life of his widow.

a

Question 62

1st Statement: The coat of arms of the Philippines cannot be registered as a trademark.

2nd Statement: The coat of arms of Malaysia cannot be registered as a trademark in the Philippines.

• a. Both statements are true.

• b. Both statements are not true.

• c. Only statement I is correct.

• d. Only statement II is correct.

a

Question 63

1st Statement: Fraudulent intent is necessary in order for one to be held liable for trademark infringement.

2nd Statement: Fraudulent intent is necessary in order for one to be held liable for unfair competition.

• a. Both statements are true.

• b. Both statements are not true.

• c. Only statement I is correct.

• d. Only statement II is correct.

d

Question 64 Which of the following is covered by the protection granted to copyrights?*

I. Computer programs.

II. Photographic works.

III. Musical composition.

• a. I, II and III.

• b. II and III only.

• c. III only.

• d. I and III only.

a

Question 65

1st Statement: The term of protection over moral rights is fifty years.

2nd Statement: The heirs of a copyright owner may fully deprive themselves of the right to participate in the gross proceeds of the sale or lease of a copyrighted work.

• a. Only statement II is correct.

• b. Both statements are true.

• c. Both statements are not true.

• d. Only statement I is correct.

c

Question 66 Works of applied art has a term of protection of

• a. Fifty years.

• b. Ten years.

• c. Thirty years.

• d. Twenty-five years.

d