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Amendments to Trademark Laws

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Dez 03, 2013 (Newsletter Issue 17/13)
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TM Applications with Priority Claim

On April 5, 2013, the Intellectual Property Office of the Philippines (IPOPHIL) announced that a certified true copy of a priority application is no longer required to prove entitlement to an applicant’s priority claim. Further clarification was issued on October 18, 2013.

The new guidelines are as follows:
1. For applications claiming Paris Convention priority, a certified true copy of the priority application is no
longer required if details of the priority application in the English language are available from the online trademarks database of the foreign IP Office. If the priority application is not in the English language or its details are not available online, a photocopy of the priority application will suffice.

2. It is important that the goods and services stated in the Philippine application be covered or included in the foreign priority application. It is no longer necessary to adopt the specification of goods and services of the foreign priority application verbatim. However, the inclusion of goods and services outside those of the foreign priority application may lead to an office action.

3. Applicants are invited to pay the allowance fees within six months from the mailing date of the Notice of Allowance. An extension of one year may be granted if necessary. If no payment is received by IPOPHIL, the application will be abandoned. In the event that the application is abandoned for failure to pay the allowance fees, a revival may be filed, but the claim for Convention priority will be automatically waived.

4. Once the foreign application is registered, the applicant shall inform IPOPHL. A photocopy of the priority registration will suffice if the foreign IP Office does not have an online database in the English language.

All pending applications as of May 2013 are covered by the new guidelines except those subject to Provisional Allowance (first or second provisional allowance) and those with pending requests for Provisional Allowance under the old Trademark Rule No. 168.

Source: INTA Bulletin, Vol. 68 No. 21, Patrick mirandah co., philippines, inc., Taguig
Verified by Diageo Philippines, Inc., Taguig