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PART
7 PUBLICATION,
ALLOWANCE AND ISSUANCE OF CERTIFICATE OF REGISTRATION
Rule 700. Publication
in the IPO Gazette; end of jurisdiction of the Examiner. An
application
for registration is subject to opposition proceeding before issuance of
the certificate of registration. Thus, after examination or
re-examination
of an application for registration, if it should appear to the Examiner
in charge of the examination thereof that the applicant is entitled to
have his mark registered, the mark will, upon the recommendation of
said
Examiner, be ordered by the Director to be published in the IPO Gazette
for opposition, and the applicant notified of such action.
The jurisdiction
of an Examiner over an application ceases after the Director has
ordered
the mark to be published for opposition.
Rule 701. Examiner
may petition for the remand to his jurisdiction, of an allowed
application.
After allowance and within one (1) month from publication of
the allowed
application, the Examiner may again exercise jurisdiction over an
application
upon petition by him to the Director on the ground of newly discovered
ex parte objections to the registration of the mark.
After an application
has been remanded to the Examiner, any amendment recommended by the
Examiner
may be approved by the Director and may be made without withdrawing the
allowance, provided the payment for the issuance of the certificate has
not been received by the Office.
Rule 702. Examiner
to be in charge of publication for opposition; applications
confidential
prior to publication. The Examiner shall be in charge of all
matters relating to the publication for opposition of all marks and
trade
names ordered by the Director to be published as provided in these
Regulations.
Access to files of
pending applications will not be given to anyone prior to publication
for
opposition of the mark or trade name or name and other mark of
ownership
stamped on containers, without the written authority of the
applicant.
However, an index of pending applications stating the name and address
of the applicant, a description of the mark or trade name or name and
other
mark of ownership, the goods, business or service or container with
which
the mark or trade name or name or other mark of ownership is used, the
class number, the application number and filing date of the application
will be available for public inspection as soon as practicable after
filing.
Rule 703. Allowance
of application and issuance of certificate of registration.
(a) Upon certification by the Director of the Bureau of Legal Affairs
that
no notice of opposition, whether or not verified and whether or not by
means of the original copy, has been filed within one (1) month from
the
date of release for circulation of the IPO Gazette publishing the
application
for opposition, and upon payment of the required fee, the office
shall issue the certificate of registration. The Director of the
Bureau of Legal Affairs shall issue such certification within two (2)
months
from the date of release for ciriculation of any IPO Gazette publishing
applications for opposition. The issuance of the certificate of
registration
shall be published in the IPO Gazette and shall be entered on the
records of the Office.
(b) If the
application is deficient in any formal matter relating to form,
documents,
or other papers necessary for the preparation and issuance of the
certificate
of registration or for the publication of such registration, the
Examiner
shall send a notice thereof to the applicant. The applicant shall
complete such deficiency within two (2) months from mailing date of the
notice; otherwise the application shall be declared abandoned.
The
abandoned application, however, may be revived subject to the
requirements
of these Regulations.
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