Article 171p. 171

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

SECTION 132. Application Number and Filing Date . —

132.1. The Office shall examine whether the application

satisfies the requirements for the grant of a filing date as

provided in Section 127 and Regulations relating thereto.

If the application does not satisfy the filing requirements,

the Office shall notify the applicant who shall within a

period fixed by the Regulations complete or correct the

application as required, otherwise, the application shall

be considered withdrawn.

132.2 Once an application meets the filing requirements

of Section 127, it shall be numbered in the sequential

order,

and

the

applicant

shall

be

informed

of

the

application number and the filing date of the application

will be deemed to have been abandoned. (n)

SECTION 133. Examination and Publication . — 133.1.

Once the application meets the filing requirements of

Section

127,

the

Office

shall

examine

whether

the

application meets the requirements of Section 124 and

the mark as defined in Section 121 is registrable under

Section 123.

133.2. Where the Office finds that the conditions referred

to in Subsection 133.1 are fulfilled, it shall, upon payment

of the prescribed fee, forthwith cause the application, as

filed, to be published in the prescribed manner.

133.3. If after the examination, the applicant is not entitled

to registration for any reason, the Office shall advise the

applicant thereof and the reasons therefor. The applicant

shall have a period of four (4) months in which to reply or

amend his application, which shall then be re-examined.

The Regulations shall determine the procedure for the

re-examination or revival of an application as well as the

appeal to the Director of Trademarks from any final

action by the Examiner.

133.4. An abandoned application may be revived as a

pending application within three (3) months from the

date of abandonment, upon good cause shown and the

payment of the required fee.

133.5. The final decision of refusal of the Director of

Trademarks shall be appealable to the Director General in

accordance with the procedure fixed by the Regulations.

(Sec. 7, R.A. No. 166a)

SECTION 134. Opposition . — Any person who believes

that he would be damaged by the registration of a mark

may, upon payment of the required fee and within thirty

(30) days after the publication referred to in Subsection

133.2, file with the Office an opposition to the application.

Such opposition shall be in writing and verified by the

oppositor or by any person on his behalf who knows the

facts, and shall specify the grounds on which it is based

and include a statement of the facts relied upon. Copies

of certificates of registration of marks registered in other

countries or other supporting documents mentioned in

the opposition shall be filed therewith, together with the

translation in English, if not in the English language. For

good cause shown and upon payment of the required

surcharge, the time for filing an opposition may be

extended by the Director of Legal Affairs, who shall notify

the applicant of such extension. The Regulations shall fix

the maximum period of time within which to file the

opposition. (Sec. 8, R.A. No. 165a)

SECTION 135. Notice and Hearing . — Upon the filing of

an opposition, the Office shall serve notice of the filing on

the applicant, and of the date of the hearing thereof upon

the applicant and the oppositor and all other persons

having any right, title or interest in the mark covered by

the application, as appear of record in the Office. (Sec. 9,

R.A. No. 165 )

SECTION 136. Issuance and Publication of Certificate . —

When the period for filing the opposition has expired, or

when the Director of Legal Affairs shall have denied the

opposition, the Office upon payment of the required fee,

shall issue the certificate of registration. Upon issuance of

a

certificate

of

registration,

notice

thereof

making

reference to the publication of the application shall be

published in the IPO Gazette. (Sec. 10, R.A. No. 165 )

SECTION 137. Registration of Mark and Issuance of a

Certificate to the Owner or his Assignee . — 137.1. The

Office

shall

maintain

a

Register

in

which

shall

be

registered

marks,

numbered

in

the

order

of

their

registration, and all transactions in respect of each mark,

required to be recorded by virtue of this law.

137.2.

The

registration

of

a

mark

shall

include

a

reproduction of the mark and shall mention: its number;

the name and address of the registered owner and, if the

registered owner's address is outside the country, his

address for service within the country; the dates of

application and registration; if priority is claimed, an

indication of this fact, and the number, date and country

of the application, basis of the priority claims; the list of

goods or services in respect of which registration has

been granted, with the indication of the corresponding

class or classes; and such other data as the Regulations

may prescribe from time to time.

137.3. A certificate of registration of a mark may be issued

to the assignee of the applicant: Provided , That the

assignment is recorded in the Office. In case of a change

of ownership, the Office shall at the written request

signed by the owner, or his representative, or by the new

owner, or his representative and upon a proper showing

and the payment of the prescribed fee, issue to such

assignee a new certificate of registration of the said mark

in the name of such assignee, and for the unexpired part

of the original period.

137.4. The Office shall record any change of address, or

address for service, which shall be notified to it by the

registered owner.

137.5. In the absence of any provision to the contrary in

this Act, communications to be made to the registered

owner by virtue of this Act shall be sent to him at his last

recorded address and, at the same, at his last recorded

address for service. (Sec. 19, R.A. No. 166a)

SECTION 138. Certificates of Registration . — A certificate

of registration of a mark shall be prima facie evidence of

the validity of the registration, the registrant's ownership

of the mark, and of the registrant's exclusive right to use

the same in connection with the goods or services and

those that are related thereto specified in the certificate.

(Sec. 20, R.A. No. 165 )

SECTION

139.

Publication

of

Registered

Marks ;

Inspection of Register . — 139.1. The Office shall publish, in

the form and within the period fixed by the Regulations,

the marks registered, in the order of their registration,

reproducing all the particulars referred to in Subsection

137.2.

139.2. Marks registered at the Office may be inspected

free of charge and any person may obtain copies thereof

at his own expense. This provision shall also be applicable

to transactions recorded in respect of any registered

mark. (n)

SECTION

140.

Cancellation

upon

Application

by

Registrant ; Amendment or Disclaimer of Registration .

— Upon application of the registrant, the Office may

permit any registration to be surrendered for cancellation,

and upon cancellation the appropriate entry shall be

made in the records of the Office. Upon application of the

registrant and payment of the prescribed fee, the Office

for

good

cause

may

permit

any

registration to be

amended or to be disclaimed in part: Provided , That the

amendment or disclaimer does not alter materially the

character of the mark. Appropriate entry shall be made in

the

records

of

the

Office

upon

the

certificate

of

registration or, if said certificate is lost or destroyed, upon

a certified copy thereof. (Sec. 14, R.A. No. 166 )

SECTION 141. Sealed and Certified Copies as Evidence .

— Copies of any records, books, papers, or drawings

belonging to the Office relating to marks, and copies of

registrations, when authenticated by the seal of the

Office and certified by the Director of the Administrative,

Financial and Human Resource Development Service

Bureau or in his name by an employee of the Office duly

authorized by said Director, shall be evidence in all cases

© Compiled by RGL

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