Question & AnswerQ&A (IPO ORDER NO. 140)
The main purpose is to streamline the trademark registration procedures to ensure expeditious processing of trademark applications and to update the trademark database by allowing applicants to request earlier publication of their marks for purposes of opposition.
The application must fulfill the formality requirements under Sections 124 and 127 and registrability requirements under Section 123.1 of the IP Code. Additionally, applications involved in any Inter Partes or IP Violation cases pending before relevant authorities or courts cannot be published for opposition.
No, applications involved in any Inter Partes or IP Violation case pending before the Bureau of Legal Affairs or courts are excluded and cannot be the subject of a request for publication for purposes of opposition.
Requests may be made eleven (11) months after the filing date of the trademark application.
A copy of the Registrability report sent by the Intellectual Property Rights Specialist (IPRS) and the applicant's response to the findings of the IPRS must be attached.
The IPRS shall review the application and submit a recommendation, confirmed by their supervisor, to the Bureau of Trademarks Director within thirty (30) days from receipt of the Request.
The BOT Director must decide within fifteen (15) days from receipt of the IPRS recommendation.
The BOT Director shall transmit the approval to the Publication Division within five (5) working days to proceed with the publication of the trademark.
It is published online via the e-Gazette Trademarks, which is updated every Monday. Marks paid in full by 3:00 PM Thursday are published the following Monday.
The applicant should verify online publication, note the 30-day opposition period from publication, monitor the Bureau of Legal Affairs' certification, pay the issuance fee when notified, and secure the Certificate of Registration on the specified date.