(NAR) VOL. 12 NO. 1 / JANUARY - MARCH 2001March 19 2001

[ IPO OFFICE ORDER NO. 20, S. 2001, March 19, 2001 ]

FURTHER AMENDING THE TRADEMARK REGULATIONS



Whereas, several amendments have been made on the TRADEMARK REGULATIONS, in particular Rule 605 thereof, to keep up with the pace of the changing business environment.

Whereas, there is a need to further amend and strengthen Rule 605, to support the advancement of Information and Communication Technology (ICT);

Whereas, there is a need to update Rule 605 to be more responsive to the needs of applicants for registration of marks used or to be used in Information and Communication Technology (ICT) business or service;

WHEREFORE, considering the various amendments and for the purpose of incorporating the new amendment thereof, the said rule is hereby amended as follows:

RULE 605. Order of examination; priority of action

a)
Applications shall be examined for registrability in the order in which the complete requirements for grant of filing date are received by the Office. Ordinarily, the order of the application number assigned to them by the office will be followed and no application bearing a higher application number shall be examined in advance of the applications with lower application numbers unless the filing date of the application bearing the higher number is earlier than those bearing a lower number.

b)
Priority of action and/or examination may be granted upon petition under oath with payment of fees and upon order of the Director, to trademark applications falling under any of the following;

1. Re-filing of the same registrant or assignee of a mark previously registered but cancelled for failure to meet the maintenance requirement.

2. Re-filing by the same applicant of mark previously filed but abandoned and can no longer be revived

3. An application for registration of a mark, names or abbreviation of names, logos of any nation, intergovernmental or international organizations

4. An application for registration of mark, names, abbreviation of names, logos of any sports competition conducted within a short period of time or when periodically conducted, the TM registration is necessary to promote goodwill or image before the commencement of the sports activity.

5. An application for registration of mark, names, abbreviations of names, logos of product and services of applicants introduced and/or participating in a trade mission and/or exposition local or abroad and will be conducted within a short period of time.

6. An application for registration of mark, names, abbreviations of names, logos of a religious, social or charitable, educational activity the early registration of which is necessary to achieve its purpose or objective

7. Domain names (as service mark): and

8. Trademarks, service marks, and tradenames used or to be used in Information and Communications Technology (ICT) infrastructures.

Mr. Eduardo Joson, Records Officer II is hereby directed to file three (3) certified copies of this Office Order No. 20 with the University of the Philippines Law Center, and, one (1) certified copy each to the Office of the President, the Senate of the Philippines, the House of Representatives, the Supreme Court of the Philippines and the National Library

This Office Order shall take effect immediately and shall be published in a newspaper of general circulation.

Adopted: 19 Mar. 2001

Recommended:

Recommended:
Approved:
(SGD.) LENY B. RAZ
(SGD ) EMMA C. FRANCISCO
Assistant Director
Director General
OIC, Bureau of Trademarks


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