Effect of Priority Right on Filing Date
- Trademark applications filed by eligible persons are considered filed in the Philippines as of the date of the earliest foreign filing.
- Registration in the Philippines is conditional upon registration in the applicant's country of origin.
Publication and Registration Conditions
- No registration in the Philippines shall be granted until the trademark is registered in the applicant's foreign country.
- Applications may be allowed and published for opposition but publication is withheld until confirmation of foreign registration.
Filing Requirement for Priority Claims
- Priority claim applications must be filed within six (6) months from the earliest foreign filing date.
- No need to submit certified copies of foreign applications or registrations if verifiable online.
- If no online database exists, applicants must submit photocopies and English translations without formal notice.
Allowance Procedure for Priority Claim Applications
- If registration in the foreign country is the only remaining issue, the application shall be allowed.
- Examiners to verify foreign registration through official online databases.
- If unregistered or no online database is available, applicants must submit a foreign registration copy within six (6) months.
- Extensions for submission of up to one (1) year may be granted upon request and fee payment.
- Failure to comply results in waiver of priority right claim, after which the application proceeds to publication for opposition.
Repeal and Applicability
- All conflicting rules, memoranda, circulars, and office orders are repealed.
- This Office Order applies to all pending trademark applications and international registrations designating the Philippines.
- Effective fifteen (15) days after publication in a newspaper of general circulation.