PART
3 WHO
MAY APPLY
FOR A MARK
Rule 300.
The Applicant. (a) Applicant may be a person
or juridical
person.
(b) Unless modified
by this Chapter, all applications for a mark should be in the name of
the
applicant(s) who may sign the application. If there are more than
one applicant, all of them should be named as applicant but anyone may
sign the application for and in behalf of all the applicants.
Rule
301.
Assigned marks. In case the whole interest in the mark is
assigned,
the application may be filed in the name of the assignee who may sign
the
application. In case the assignee is a juridical person, any officer
thereof
may sign the application in behalf of the said person. In case of
an aliquot portion or undivided interest, each of the joint owners will
sign the application.
Rule 302. Representation;
Address for Service. If the applicant is not
domiciled
or has no real and effective commercial establishment in the
Philippines,
he shall designate by a written document filed in the Office, the name
and address of a Philippine resident who may be served notices or
process
in proceedings affecting the mark. Such notices or services may
be
served upon the person so designated by leaving a copy thereof at the
address
specified in the last designation filed. If the person so
designated
cannot be found at the address given in the last designation, such
notice
or process may be served upon the Director.
Rule 303. Applicant
may be represented by attorney. The owner of a
mark
may file and prosecute his own application for registration, or he may
be represented by any attorney or other person authorized to practice
in
such matters by the Office. The Office shall not aid in the
selection
of an attorney or agent other than the furnishing of the list of
Attorneys
or agents authorized to practise before the Office.
Rule
304.
Power of attorney or authorization.
Before any
attorney-at-law or other recognized person will be allowed to file an
application
or take action in any case or proceeding, ex parte or inter partes, a
power
of attorney or authorization must be filed in that particular case or
proceeding.
A substitute or associate
attorney may be appointed by an attorney only upon the written
authorization
of his principal; but a third attorney appointed by the second will not
be recognized.
Rule
305.
Death, insanity, incapacity of applicant. When the
applicant
dies, becomes insane or otherwise incapacitated, the legally appointed
executor, administrator, guardian, conservator or representative of the
dead or insane or incapacitated applicant may prosecute the application
in behalf of the heirs and successors-in-interest of the
applicant.
Rule 306. Signature.
and other means of Self-identification. (a)
Where a signature is required, the Office shall accept:
(1) A
handwritten
signature; or
(2)
The use
of other forms of signature, such as a printed or stamped signature, or
the use of a seal, instead of a hand-written signature: Provided,
That where a seal is used, it should be accompanied by an indication in
letters of the name of the signatory.
(b) No attestation,
notarization, authentication, legalization or other certification of
any
signature or other means of self-identification referred to in the
preceding
paragraphs, will be required, except, where the signature concerns the
surrender of a registration.
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