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PART
5
THE
FILING DATE
Rule 500. Filing
Date. Subject to the provisions on priority right, the
filing date of an application shall be the date on which the Office
received
the payment for the required fee and the following indications and
elements
in English or Filipino:
(a) An
express or
implicit indication that the registration of a mark is sought;
(b) The
identity
of the applicant;
(c)
Indications sufficient
to contact the applicant or his representative, if any;
(d) A
reproduction
of the mark whose registration is sought; and
(e) The
list of the
goods or services for which the registration is sought.
Rule 501. Application
Number and Filing Date. (a) Before starting to examine
the registrability of a mark, the Examiner or such other personnel as
the
Director may authorize, shall examine whether the application
satisfies
the requirements for the grant of a filing date as provided in these
Regulations.
If the application does not satisfy the filing date requirements, the
Bureau
shall notify the applicant who shall, within a period of one (1) month
from mailing date of the notice, complete or correct the application as
required; otherwise, the application shall be considered
withdrawn.
(b) If the
application did not satisfy the requirements for grant of a filing date
at the time that the filing fee and other indications were received by
the Office, the filing date that was given shall be cancelled and a new
filing date shall be entered in the records of the Office. The
new
filing date shall be the date on which the Office received the
completed
or corrected application as specified in the notice to the
applicant.
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