Flashcards Studio

Facts: RAWRWEAR is a registered trademark for Class 25 apparel, registered in the Philippines on June 12, 2016. For three consecutive years (2017–2019) there was no use of RAWRWEAR in commerce in the Philippines, and no Declaration of Use was filed. In 2020, a competitor, Trendline Apparel Co., files a petition for cancellation of the mark on the ground of non-use for three consecutive years. The registrant, HBK Apparel Co., contends that it has used the mark in commerce in the Philippines through its Philippine-licensed partner, LumaTextile, Inc., which packaged and labeled shipments bearing RAWRWEAR for sale in the Philippines in 2018; it also asserts that its online store and social‑media promotions targeted at Filipino consumers in 2019–2020 constitute use. (a) Identify the primary doctrine governing cancellation in this context and the controlling rule. (b) Apply the doctrine to the facts and decide whether the registration should be cancelled, explaining what constitutes “use in commerce” in the Philippines and whether use by a licensee or online advertising counts. (c) If cancellation is granted, what options does HBK have to regain rights or re-register the mark in the future, and what risks would it face?