Scope and Applicability
- Known as the Request for Publication Rules (RPR).
- Applies only to applications that meet formality requirements under Sections 124 and 127, and registrability under Section 123.1 of the Intellectual Property Code.
- Excludes trademark applications involved in Inter Partes cases, intellectual property violation cases before the Bureau of Legal Affairs or courts, or with pending appeals.
Schedule for Requesting Publication
- Provides specific cutoff dates for when requests for publication can be filed based on the application filing date, ranging from applications filed on or before December 31, 1994, to those filed after December 31, 2005.
- For applications filed after December 31, 2005, requests may be made eleven (11) months after filing.
Filing and Processing of Requests
- Requests must be submitted under oath in the prescribed form, addressed to the Director of the Bureau of Trademarks (BOT Director), and filed directly with the Bureau.
- For applications filed on or after October 1, 2004, the request must include the Registrability report and applicant’s response.
- For earlier applications, the last outstanding Intellectual Property Rights Specialist (IPRS) action and the applicant’s response must be attached.
- The IPRS-in-charge reviews the application and submits a recommendation within 30 days.
- BOT Director decides within 15 days of the recommendation, transmitting approval to the Publication Division within 5 working days or notifying the applicant of disapproval following IPO mailing procedures.
- Appeals against the BOT Director's decision are governed by the Uniform Rules on Appeal.
Publication and Payment Procedures
- Upon approval, the Publication Division notifies the applicant to pay publication fees within 5 working days.
- After full payment, the mark is published online via the e-Gazette Trademarks.
- Publication occurs weekly, targeted every Monday; payments made by Thursday 3:00 PM are published the following Monday.
Post-Publication Steps and Applicant Responsibilities
- Applicants should verify publication on the IPO website.
- They must note the 30-day opposition period starting from the publication date.
- Another 30-day period follows for the Bureau of Legal Affairs to issue certification on oppositions.
- Applicants should check for the BLA certification publication online.
- Pay the issuance fee upon notification.
- Receive the Certificate of Registration on the specified date.
Implementation and Compliance
- The BOT Director is tasked to issue necessary orders or circulars to implement this order effectively.
- All prior inconsistent rules or orders are repealed.
- Certified copies of this order are to be filed with key institutions including the University of the Philippines Law Center, Congress, Supreme Court, and National Library.
- The order is to be published on the IPO website and may be disseminated through newspapers.
- Effective fifteen (15) days after IPO website publication.