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BASIC INFORMATION FOR FILING A TRADEMARK APPLICATION
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| 1. |
Where to File |
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The application for registration of a trademark is filed with the
Bureau of Trademarks of the Intellectual Property Office. |
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| 2. |
What to File |
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A Request
for Registration must be filed with the identity, contact address
and signature of the applicant. It must be accompanied by a list of
goods or services for which the registration is sought, an informal
drawing of the mark and the payment for the filing fees. |
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| 3. |
Examination Process |
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| (a) |
Formal Examination |
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The application will be assigned to an examiner who will determine
compliance with formal requirements as stated in
Section 124 of the Intellectual Property Code of the Philippines
(the ÏPC”). If all formal requirements are complied
with, the application is granted a filing date. |
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| (b) |
Substantive Examination |
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The examiner then checks for the registrability of the mark
as provided under Section
123 of the IPC . Approximately 8 to 12 months from filing
of the application, the examiner issues an Official Action stating
whether or not the trademark may be registered. If there are
certain aspects or features of the trademark that are unregistrable,
the applicant may be required to explain why the trademark should
nevertheless be registered, or to disclaim the unregistrable
components of the same. The applicant is usually required to
file a Response within sixty (60) days from mailing date of
the Official Action. |
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| (c) |
Refusal to Grant Application |
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If after examination, the applicant is found to be not
entitled to have his trademark registered, the applicant shall
be advised of such rejection and the reasons therefor. The
applicant can file a reply or amend the application and have
it re-examined. Upon final refusal of the examiner to allow
registration, the applicant may file an appeal to the Director
of Trademarks within two (2) months from the mailing date
of the action for refusal. The decision of the Director may
be appealed to the Director General, then to the Court of
Appeals, and finally to the Supreme Court.
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| (d) |
Grant of Application |
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If there are no grounds to refuse the application, the
examiner issues an order granting the trademark registration
and forthwith cause the application to be published in the
IPO gazette.
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| (e) |
Opposition |
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Within thirty (30) days from publication of the application,
any person who may be damaged by the registration of the trademark
may file an opposition in writing, specifying the grounds
for opposition. Thereafter, a hearing date will be set, at
which time the oppositors and the applicant will have the
opportunity to present their cases.
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| (f) |
Issuance of Certificate |
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If the period for opposition expires or the opposition
to the application are denied, the certificate of registration
of the trademark will be issued by the IPO in favor of the
applicant. The certificate shall be published in the IPO Gazette
and shall be included in the Register of trademarks.
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| 4. |
Other Requirements |
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Within three (3) years from date of filing of the application and
on its sixth-year anniversary, a Declaration
of Actual Use must be filed by the applicant with the BOT, otherwise
the application/mark is deemed abandoned. |
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| 5. |
Time Period |
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Trademark registration is a long process, that usually takes at least
2 – 3 years. |
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| 6. |
Filling Fee |
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The filing fee is approximately P1,660.00 for Big
Entities and P830.00 for Small
Entities. |
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