RULE
7 OPPOSITION
TO
APPLICATION FOR REGISTRATION OF MARKS
Section 1. (a)
Who may oppose. Any person who believes that he would be
damaged
by the registration of a mark may, upon payment of the required fee and
within one (1) month after the publication of the application, file
with
the Bureau a notice of opposition to the application.
(b) Notice
of opposition. The notice of opposition shall be in writing
and
verified by the opposer or 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.
Section 2. (a)
Notice
and hearing. Upon the filing of an opposition and
payment
of the required fee, the Bureau 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.
(b) Notice in
case of unverified notice of opposition. The Bureau may
notify
the applicant of the fact of filing of an unverified opposition.
The applicant, after payment of the required fee, may request for a
copy
of the unverified opposition.
(c) The notice to
answer will be sent to the applicant/respondent upon the filing
of
the verified opposition.
(d) Dismissal
of opposition. The opposition will be dismissed motu propio
upon
failure of the opposer to verify, in person or by any person on his
behalf
who knows the facts, the notice of opposition within two (2) months
from
date of filing of the unverified opposition.
Section 3. Contents
of the notice of opposition. Copies of certificates of
registration
of marks registered in other countries or other supporting documents
mentioned
in the opposition shall be filed with the opposition together with the
translation in English, if not in the English language.
Section 4. (a)
Extension of period for filing the verified opposition. For
good
cause shown and upon payment of the required surcharge, the time for
filing
the verified opposition may be extended for an additional one (1) month
by the Director upon the written request of the opposer. Whenever
an extension is granted, the Director shall cause the applicant to be
notified
thereof. The petition for extension shall be filed in
triplicate.
However, in no case shall the period within which to file the verified
opposition exceed four (4) months from the date of release of the IPO
Gazette
publishing the mark being opposed. If the last day for filing of
the notice of opposition or the verified opposition falls on a
Saturday,
Sunday, holiday, non-working holiday as may be declared by the
President
of the Philippines or on a day when the Office or the Bureau is closed
for business as may be declared by the Director General, the same
shall be moved to the immediately following working day.
Section 5.
Filing
of an opposition in a form other than the original. The
party
filing the opposition may submit an opposition in a form other than the
original such as a facsimile copy or photocopy provided:
(1)
that such fax, photocopy or other form complies with the requirements
of
these Regulations and is filed within the period to file the notice of
opposition or the verified opposition, or any extension thereof,
(2) that the original copy of the verified opposition is filed
within
one (1) month from submission of the fax, photocopy or other form
and,
(3) that the original copy of the verified opposition is filed
within
the maximum period of four (4) months counted from the date of release
of the IPO Gazette publishing the mark being opposed. In all
cases,
the notice to answer shall be sent to the applicant only upon the
filing
of the original copy of the verified opposition.
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