PART
4 TRADEMARK
APPLICATION
Rule 400. Requirements
of application. All applications must be addressed to the
Director
and shall be in Filipino or English and shall contain the
following:
(a) a
request
for registration;
(b)
the name and address of the applicant;
(c) the
name of a
State of which the applicant is a national or where he has domicile;
and
the name of a State in which the applicant has a real and effective
industrial
or commercial establishment, if any;
(d)
where
the applicant is a juridical entity, the law under which it is
organized
and existing;
(e)
the appointment
of an agent or representative, if the applicant is not domiciled in the
Philippines;
(f)
where the
applicant claims the priority of an earlier application, a declaration
claiming the priority of that earlier application, together with an
indication
of:
- the name
of the
State with whose National Office the earlier application was filed or
if
filed with an Office other than a National Office, the name of that
Office;
- the
date on which
the earlier application was filed; and
- where
available,
the application number of the earlier application;
(g) where
the applicant
wishes to claim color as a distinctive feature of the mark, a statement
to that effect as well as the name or names of the color or colors
claimed
and an indication, in respect of each color, of the principal parts of
the mark which are in that color;
(h)
where
the mark is a three-dimensional mark, a statement to that effect;
(i)
a
reproduction of the mark and facsimiles thereof as provided in these
Regulations;
(j)
a transliteration
or translation of the mark or of some parts of the mark, as prescribed
in these Regulations;
(k) the
names of
the goods or services for which the registration is sought, grouped
according
to the classes of the Nice Classification, together with the number of
the class of the said Classification to which each group of goods or
services
belongs;
(l) where
the application
is for a collective mark, a designation to that effect;
(m) a
signature by,
or other self-identification of, the applicant or his
representative;
(n) Power
of Attorney
if the filing is through a representative; and
(o) sworn
Statement
that the applicant is a small entity if such be the fact.
Rule
401.
Office Application Form. For the convenience of
applicants,
the Office shall draw up and make available a standard application form
which may be reproduced at will by applicants and other persons at
their
own cost.
Rule 402. Label.
The applicant may include the label as actually used or intended to be
used on the goods or a copy or duplicate made by photo engraving or
some
similar process.
The mark must be
bigger and more dominant than the generic term of goods except in
the case of medicine as required by law.
Rule
403.
Drawing. (a) The drawing of the mark shall be
substantially exact
representation thereof as actually used or intended to be used on or in
connection with, the goods or services of the applicant.
(b) A typed drawing
may be accepted by the Examiner if no special characteristics
have
to be shown such as design, style of lettering, color, diacritical
marks,
or unusual forms of punctuation.
A computer print-out
may also be accepted by the Examiner if it substantially complies with
the requirement that it must be the exact representation of the
mark.
(c) The provisions
of this Rule shall, however be construed liberally in determining
whether
the applications shall be considered complete for the purpose of
granting
a filing date.
Rule
404.
Drawing for a service mark may be dispensed with in certain
cases.
The drawing of a service mark may be dispensed with but the application
must contain an adequate description of such mark.
Rule
405.
Drawing to be on Bristol board. The Drawing
must be
made upon pure white paper of a thickness of a Bristol board. The
surface of the paper must be calendered and smooth.
Rule
406.
Size of board; “sight”. The size of a sheet
on
which a Drawing is made must be exactly two hundred ten millimeters
(210
mm) by two hundred ninety-seven millimeters (297 mm) or the size of an
A4 paper. Nineteen millimeters (19 mm) from its edges, a single
marginal
line is to be drawn, leaving the “sight” precisely one hundred
seventy-two
millimeters (172 mm) by two hundred fifty-nine millimeters (259
mm).
Within this margin all work and signatures must be included. One
of the shorter sides of the sheet should be regarded as its top.
Rule
407.
Drawing to be with the pen or by other processing giving
satisfactory
results. If colors are not claimed, all Drawings must
be
made with pen only or by a process which will give them satisfactory
reproduction
characteristics. Every line and letter, signatures included, must
be absolutely black. This direction applies to all lines,
however
fine, and to shading. All lines must be clean, sharp, and solid,
and they must not be too fine or crowded. Surface shading, when
used,
should be open.
Rule
408.
The name of the owner to be within marginal lines. The
name of the
proprietor of the trademark or service mark trade name must be
within
the marginal lines and should not encroach upon the drawing.
It
should be signed by the owner or his Attorney of record. However,
a printed or stamped signature or the use of seal accompanied by an
indication
in letters of the name of signatory is also accepted.
Rule
409.
When board may be turned on its side. When the view
is longer
than the width of the sheet, the sheet should be turned on its
side.
Rule 410. Manner
of mailing the Drawing to the Bureau. Drawing
transmitted
to the Office should be sent flat, protected by a sheet of
heavy binder’s board, or should be rolled for transmission in a
suitable
mailing tube. They should never be folded.
Rule
411.
Color. Where color is a material feature of the mark as
used or
intended to be used, the color or colors employed may be actually
reproduced
in the drawings and facsimiles. Otherwise, a statement must be
made
giving the name or names of the color or colors claimed indicating the
principal part or parts of the mark which are in such color or
colors.
Rule 412. Informal
Drawing. A Drawing not executed in conformity with the
foregoing rules may be accepted for the purpose of examination, but the
Drawing must be corrected or a new one furnished, as may be required,
before
the mark can be published for opposition or the application
allowed.
Substitute Drawings will not be accepted unless they have been required
by the Examiner or unless correction of original Drawing would require
that the mark or trade name be substantially entirely redrawn.
Rule
413.
Use of an old Drawing in a new application. In
an application
filed in place of an abandoned or rejected application, a new complete
application is required, but the old Drawing, if suitable, may be
used.
The application must be accompanied by a request for the transfer of
the
Drawing, and by a permanent photographic copy, or an order for such
copy,
of the Drawing to be placed in the original file. A drawing
so transferred or to be transferred cannot be amended.
Rule
414.
The Small facsimiles of the Drawing, how prepared. The
ten
small facsimiles of the Drawing must be printed in black ink or in
color,
if colors are claimed, one facsimile on Bristol board and the
other
nine facsimiles on an ordinary coupon bond paper and must be capable of
being satisfactorily reproduced when published in the IPO Gazette. The
size of the sheet on which these facsimiles are to be printed
must
be seventy millimeters (70 mm) long and thirty-five millimeters (35 mm)
wide.
Rule 415. Translation/Transliteration.
A translation or transliteration of the mark or of some parts
of the
mark must accompany the application if the mark or of some parts of the
mark is/are foreign word(s), letter(s) and character(s), or foreign
sounding.
Transliteration is
an act, process or instance of representing or spelling of words,
letters
or characters of one language in the letters and characters of another
language or alphabet.
Translation is an
act, process or instance of translating as rendering from one language
or representational system into another.
Rule 416. Nice
Classification. The applicant must indicate the
names
of the goods or services for which the registration is sought, grouped
according to the classes of the Nice Classification, together with the
number of the class of the Nice Classification to which each group of
goods
or services belongs.
CLASSIFICATION
OF GOODS
TITLE
CLASS
1 Chemical products
used in industry, science, photography, agriculture, horticulture,
forestry;
artificial and synthetic resins; plastics in the form of powders,
liquids
or plates, for industrial use; manures (natural and artificial); fire
extinguishing
compositions; tempering substances and chemical preparations for
soldering;
chemical substances for preserving foodstuffs; tanning substances;
adhesive
substances used in industry.
2 Paints, varnishes,
lacquers, preservatives against rust and against deterioration of wood;
colouring matters; dyestuffs; mordants; natural resins; metals in
foil and powder form for painters and decorators.
3 Bleaching preparations
and other substances for laundry use; cleaning, polishing, scouring and
abrasive preparations; soaps; perfumery; essential oils, cosmetics,
hair
lotions, dentrifices.
4 Industrial oils
and greases (other than edible oils and fats and essential oils);
lubricants;
dust laying and absorbing compositions; fuels (including motor spirit)
and illuminants; candles, tapers, nightlights and wicks.
5 Pharmaceutical,
veterinary and sanitary substances; infants’; and invalids’ foods;
plasters,
material for bandaging; material for stopping teeth, dental wax;
disinfectants;
preparations for killing weeds and destroying vermin.
6 Unwrought and partly
wrought common metals and their alloys; anchors, anvils, bells, rolled
and cast building materials; rails and other metallic materials for
railway
tracks; chains (except driving chains for vehicles); cables and wires
(non-electric);
lock-smith’ work ; metallic pipes and tubes; safes and cash boxes;
steel
balls; horseshoes; nails and screws; other goods in non-precious metal
not included in other classes; ores.
7 Machines and machine
tools; motors (except for land vehicles); machine couplings and belting
(except for land vehicles); large size agricultural implements;
incubators.
8 Hand tools and
instruments; cutlery, forks and spoons; side arms.
9 Scientific, nautical,
surveying and electrical apparatus and instruments (including
wireless),
photographic, cinematographic, optical, weighing, measuring,
signalling,
checking (supervision), life saving and teaching apparatus and
instruments;
coin or counter-freed apparatus; talking machines; cash registers;
calculating
machines; fire-extinguishing apparatus.
10 Surgical, medical,
dental and veterinary instruments and apparatus (including artificial
limbs,
eyes and teeth).
11 Installations
for lighting, heating, steam generating, cooking, refrigerating,
drying,
ventilating, water supply and sanitary purposes.
12 Vehicles; apparatus
for locomotion by land, air or water.
13 Firearms; ammunition
and projectiles; explosive substances; fireworks.
14 Precious metals
and their alloys and goods in precious metals or coated therewith (
except
cutlery, forks and spoons); jewellery, precious stones; horological and
other choronometric instruments.
15 Musical instruments
(other than talking machines and wireless apparatus).
16 Paper and paper
articles, cardboard and cardboard articles; printed matter, newspaper
and
periodicals, books; bookbinding materials; photographs; stationery,
adhesive
materials (stationery); artists’ materials; paint brushes;
typewriters
and Office requisites (other than furniture); instructional and
teaching
material (other than apparatus);playing cards; (printers’) type and
cliches
(stereotype).
17 Gutta percha,
indiarubber, balata and substitutes, articles made from these
substances,
and not included in other classes; plastics in the form of sheets,
blocks
and rods, being for use in manufacturers; materials for packing,
stopping
or insulating; asbestos, mica and their products; hose pipes
(non-metallic).
18 Leather and imitations
of leather, articles made from these materials, and not included in
other
classes; skins, hides, trunks and travelling bags; umbrellas, parasols
and walking sticks; whips, harness and saddlery.
19 Building materials,
natural and artificial stone, cement, lime, mortar, plaster and gravel;
pipes of earthenware or cement; road-making materials; asphalt, pitch
and
bitumen; portable buildings; stone monuments; chimney pots.
20 Furniture, mirrors,
picture frames; articles (not included in other classes) of wood, cork,
reeds, cane, wicker, horn, bone, ivory, whale-bone, shell, amber,
mother-of-pearl,
meerschaum, celluloid, substitutes for all these material, or of
plastic.
21 Small domestic
utensils and containers (not of precious metal, nor coated
therewith);combs
and sponges; brushes (other than paint brushes);brush-making materials;
instruments and materials for cleaning purposes; steel wool; unworked
or
semi-worked glass (excluding glass used in building); glassware,
porcelain
and earthenware not included in other classes.
22 Rope, string,
nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing
materials
(hair, capoc, feathers, seaweeds, etc.); raw textile materials.
23 Yarns, threads.
24 Tissues (piece
goods); bed and table covers; textile articles not included in other
classes.
25 Clothing, including
boots, shoes and slippers.
26 Lace and embroidery,
ribbons and braids; buttons, press buttons, hooks and eyes, pins and
needles;
artificial flowers.
27 Carpets, rugs,
mats and matting; linoleums and other materials for covering existing
floors;
wall hangings (non-textile).
28 Games and playthings;
gymnastic and sporting articles (except clothing); ornaments and
decorations
for Christmas trees.
29 Meat, fish, poultry
and game; meat extracts; preserved, dried and cooked fruits and
vegetables;
jellies, jams; eggs; milk and other dairy products; edible oils and
fats;
preserves, pickles.
30 Coffee, tea, cocoa,
sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations
made from cereals; bread, biscuits, cakes pastry and confectionery,
ices;
honey, treachel; yeast, baking-powder; salt mustard; pepper, vinegar,
sauces;
spices; ice.
31 Agricultural,
horticultural and forestry products and grains not included in
other
classes; living animals; fresh fruits and vegetables; seeds; live
plants
and flowers; foodstuffs for animals, malt.
32 Beer, ale and
porter; mineral and aerated waters and other non-alcoholic drinks;
syrups
and other preparations for making beverages.
33 Wines, spirits
and liquors.
34 Tobacco, raw or
manufactured; smokers’ articles; matches.
(b) CLASSIFICATION
OF BUSINESS OR SERVICES
35 Advertising and
business
36 Insurance
and
financial
37
Construction
and repair
38
Communication
39
Transportation
and storage
40 Material
treatment
41 Education
and
entertainment
42
Miscellaneous
Rule
417.
Broad terms. In any application, the use of broad
terms in
identifying the goods, business or services shall be
unacceptable.
Applicants whose application are based on foreign registration shall be
required to specify the goods covered by such foreign registration in
all
cases where the foreign registration used broad terms in identifying
the
goods, business or services.
Rule
418.
Single registration for goods and/or services. One
(1) application
may relate to several goods and/or services, whether they belong to one
(1) class or to several classes of the Nice Classification. Where goods
and/or services belonging to several classes of the Nice Classification
have been included in one (1) application, such an application shall
result
in one registration.
Rule
419.
Division of Applications. (a) Any
application
referring to several goods or services referred to as the “ initial
application”
may be divided by the applicant into two (2) or more applications
hereafter
referred to as the “divisional applications” by distributing among the
latter the goods or services referred to in the initial
application.
(b) A single class
shall not be subdivided.
(c) The divisional
applications must be submitted before examination of the initial
application
or within two (2) months from mailing date of the first action of
the Bureau.
(d) Upon receipt
of the divisional applications, the Office shall cancel the initial
application
together with its application number. New application numbers
shall
be given to the divisional applications but the filing date shall be
the
same as the filing date of the initial application. The
divisional
applications shall likewise preserve the benefit of the right of
priority
of the initial application.
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