Commercial Law, 2018 Bar — Question XV-c

ESSAY

A distinctive-tasting pastillas is well known throughout the country as having been developed within the close-knit women's group in Barangay Ysmael, which is located along a very busy national highway. Its popularity has encouraged the setting up of several shops selling similar delicacies, with the most famous product being the pastillas of “Barangay San Ysmael.” Eventually, the pastillas of Aling Yoling under the brand name “Ysmaellas” began to attract national distinction. Aling Yoling therefore registered it as a copyright with the National Library. Her neighbor, Aling Yasmin, realizing the commercial value of the brand, started using the term “Ysmaellas” for her pastillas but used different colors. Aling Yasmin registered the brand name “Ysmaellas” with the Intellectual Property Office (IPO). (c) Can Aling Yoling seek the cancellation of Aling Yasmin's trademark registration of the brand name “Ysmaellas,” the former relying on the ground of “Well-Known Brand” clearly evidenced by her (Aling Yoling's) prior copyright registration, actual use of the brand, and several magazine articles?

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