Flashcards Studio

Three separate uses of the word 'Astra' appear in the Philippine market: - Astra Fashion, Inc. uses 'Astra' as a brand name on clothing and seeks registration of a trademark for clothing and related goods. - Astra Collective, a registered cooperative of artisans, uses a logo featuring the word 'Astra' with a star emblem as a collective mark to designate membership and the origin of goods produced by its members. - Diego Ramos, a sole proprietor, uses 'Astra' as the trade name for his home-decor shop. (a)Identify the legally relevant status of each use (as a trademark, a collective mark, or a trade name) and who may own or enforce the rights. (b)Distinguish the controlling rules governing registrability and enforcement for each category, including what each form protects and the scope of protection. (c)Apply the facts: who has priority among the three uses, and what remedies or defenses would be available if there is confusion or misrepresentation in the market.