Title
Trademark Applications with Priority Rights
Law
Ipo Office Order No. 13-061
Decision Date
Apr 5, 2013
The amendment of Trademark Regulations in the Philippines allows for the consideration of the filing date of trademark applications filed in foreign countries, as well as the allowance of applications with priority right claims, although full registration is contingent upon registration in the applicant's country of origin.
A

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  • All conflicting rules, memoranda, circulars, and office orders are repealed.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.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.