Commercial Law, 2011 Bar — Question 77

MULTIPLE CHOICE

“CROCOS" which he uses on his ready-to-wear clothes. Banking on the popularity of T's trade mark, B came up with his own “CROCOS” mark, which he then used for his “CROCOS" burgers. T 106 BAR Q &A nu COMMERCIAL LAW now sues B for trademark infringement but B argues that his product is a burger, hence, there is no infringement. Is B correct? A) No, since the owner of a well-known mark registered in the Philippines has rights that extends even to dissimilar kinds of goods. B) Yes, since the right of the owner of a wellknown mark registered in the Philippines does not extend to goods which are not of the same kind. C) Yes, as B was in bad faith in coming up with his own “CROCOS" mark. D) No, since unlike T, he did not register his own “CROCOS" mark for his product.

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