YEEN, KATRINA ANNE L.

I.
4. The gravamen of the offense of unfair competition is the unauthorized use of a registered mark.
ANSWER: FALSE. The gravamen of the offense of unfair competition is the intent to deceive the public and
defraud a competitor.
5. Descriptive marks can never acquire secondary meaning.
ANSWER: FALSE. Descriptive marks CAN acquire secondary meaning through extensive use and advertising and
when the public understands that the word is used as a trademark and not as a description of the product or service.
6. It is a declared State policy that use of intellectual property bears a social function.
ANSWER: TRUE.
II.
8. One can no longer file an opposition case after the expiration of lapse of the thirty (30)-day publication period.
ANSWER: F. Verified Notice of Opposition must be filed within thirty (30) days from publication of the mark, subject
to the filing of motions for extensions for another sixty (60) days (total period of 90 days from date of
publication).
9. In order to maintain a trademark opposition case, the opposer must have a trademark application with a filing date
earlier than the trademark sought to be opposed.
ANSWER: T. Basis: Sec. 123 (a) of the IP Code.
III.
9.
a.) Shape Marks
b.) Color Marks
c.) Descriptive Marks
d.) Generic Marks
ANSWER:
d.)Generic marks
REASON: All of them are non-registrable marks. However, generic marks can never attain secondary meaning.

IV.
6. If you were to decide the ROLEX case, how will you decide and why?