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FINAL
PROVISIONS
Section 1. Coverage.
These rules and regulations shall apply to all inter partes
cases pending
with the Bureau of Patents, Trademarks and Technology Transfer upon the
effectivity of the IP Code on January 1, 1998, including interference
proceedings
declared prior to the effectivity of these Regulations and all inter
partes
cases filed with the Office on and after the effectivity of the IP
Code.
Section 1.1. Trademark
applications pending on effective date of the IP Code; opposition;
interference.
The following procedure shall apply to interfering applications for
registration
in the principal register of marks under Republic Act No. 166, as
amended,
pending on the effective date of the IP Code on January 1, 1998:
(a) In all
cases
where interference may be declared under Republic Act No. 166, as
amended,
and its implementing rules and regulations, as amended, the application
which first meets the requirements for registration shall be allowed
and
published for opposition in the IPO Gazette by the Director of the
Bureau
of Trademarks in accordance with the Rules and Regulations on
Trademarks,
Service Marks, Trade Names and Marked or Stamped Containers dated 30
September
1998.
(b) The
Director
of Trademarks shall notify the other applicant or applicants of the
fact
of allowance and publication with the advice that said other applicant
or applicants have the right to file with the Bureau of Trademarks a
notice
of opposition, without need of paying the filing fee, to determine
whether
or not any of the applicant/s and or oppositor/s has the right to the
registration
of the mark including all other issues such as the registrability
of the mark.
(c)
Within five (5)
days from receipt of a notice of opposition from the other applicant or
any of them if there be more than one other applicant, the Director of
Trademarks shall endorse all the files of the allowed application and
the
application of the opposing applicant or applicants to the Bureau of
Legal
Affairs for prosecution in accordance with the provisions of these
Regulations
governing oppositions.
(d) All
other oppositors,
if any, shall file their notice of opposition with the Bureau of Legal
Affairs in accordance with these Regulations.
Section
2.
Implementation. In the interest of the service and
in order
to ensure the continued hearing and disposition of all the cases before
the Office, until the organization of the Bureau of Legal Affairs is
completed,
the functions necessary to implement these regulations shall be
performed
by the personnel of the former Bureau of Patents, Trademarks and
Technology
Transfer as may be designated by the Director General upon
recommendation
of the Chief of the Hearing Division of the Bureau of Patents,
Trademarks
and Technology Transfer who was heretofore designated as
Officer-in-Charge
or Caretaker of the Bureau of Legal Affairs.
Section 3. Separability.
If any provision in these Regulations or application of such
provision
to any circumstance is held invalid, the remainder of these
Regulations
shall not be affected thereby.
Section
4.
Effectivity. These rules and regulations shall take effect
fifteen
(15) days after publication in a newspaper of general circulation.
Done this ____ day
of _____________ 1998.
EMMA C.
FRANCISCO
Director General
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Harvard
Computer Systems, Inc.