Question & AnswerQ&A (IPO OFFICE ORDER NO. 13-061)
The legal basis is Section 3 and Section 131 of Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, which grants persons from certain countries the right to claim priority based on a foreign trademark application.
Any person who is a national, domiciled, or has a real and effective industrial establishment in a country that is a party to a relevant treaty or reciprocal law with the Philippines is entitled to claim priority rights.
The mark shall not be registered in the Philippines until it has been registered in the country of origin of the applicant, although the application may be allowed for publication pending such registration.
An application with a claim of priority right must be filed within six (6) months from the date the earliest foreign application was filed.
No, the applicant is not required to submit a certified copy, but the examiner must be able to verify the foreign filing or registration through the official online trademarks database of the foreign IP Office. If no online database exists, the applicant must submit a photocopy and an English translation if necessary.
The applicant must submit a photocopy of the foreign application or registration and an English translation if it is not in English, without the need for a prior notice.
The applicant must submit a photocopy of the foreign registration within six (6) months from the mailing date of the notice of allowance.
Yes, upon the applicant's request and payment of the required fee, the period can be extended for one (1) year from the expiry of the initial six (6) month period.
The claim to the right of priority is deemed waived, and the application will then be published for opposition upon payment of the required fees.