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Problem No.

A.

As her counsel, the most appropriate advice to give to Yoko Ono


would be to file a petition to cancel a registration of a mark. A petition to
cancel a registration of a mark may be filed with the Bureau of Legal
Affairs by any person who believes that he or she will be damaged by the
registration of a mark.

In this case, application of John Dela Cruz for the registration of


the trademark John Lemmon will likely cause damage to John Lennon’s
legacy and unregistered trademark rights. Therefore, this petition should
be considered first by Ms. Ono.

B.

If Yoko Ono wants to go to court immediately, she may file a suit


for trademark infringement. A case for trademark infringement may be
brought against any unauthorized use of a container bearing a registered
trademark in connection with the sale, distribution or advertising of
goods or services which is likely to cause confusion, mistake, or deception
among the buyers/consumers.

C.

Yes, a foreigner not doing business in the Philippines sue a Filipino


or a Filipino entity to enforce her perceived intellectual property rights.

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