AMENDMENTS TO THE RULES AND REGULATIONS ON TRADEMARKS, SERVICE MARKS, TRADENAMES AND MARK OR STAMPED CONTAINERS

In order to further facilitate filing, obtain and maintain
registration of marks, and streamline administrative procedures, the
Rules and Regulations on Trademarks, Service Marks, Tradenames and
Marked or Stamped Containers are hereby amended as follows:

Section 1.       A new rule is hereby added to provide a title for easy reference, as follows:

Rule 10.   Title. — These Regulations shall be known as the “Trademark Regulations”.

Section 2.       Rule 205 is hereby amended to read as follows:

Rule 205.      Contents of the Declaration and Evidence of Actual Use.
— The declaration shall be under oath, must refer to only one
application or registration, must contain the name and address of the
applicant or registrant declaring that the mark is in actual use in the
Philippines, list of the goods where the mark is attached; list the name
or names and the exact location or locations of the outlet or outlets
where the products are being sold or where the services are being
rendered, recite sufficient facts to show that the mark described in the
application or registration is being actually used in the Philippines
and, specifying the nature of such use. The declarant shall attach five
labels as actually used on the goods or the picture of the stamped or
marked container visibly and legibly showing the mark as well as proof
of payment of the prescribed fee.

Section 3.       Rule 302 is hereby amended to read as follows:

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. The written document shall be submitted to the Office within
sixty (60) days from filing date without need of any notice from the
Office. 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.

Section 4.       Rule 304 is hereby amended to read as follows:

“Rule 304.     Power of attorney or Authorization. — At
the time of filing of an application, no power of attorney or
authorization is required. However, the Office may require any attorney
or other recognized person to submit within sixty (60) days from notice a
power of attorney or authorization before he will be allowed to take an
initial or further action in any application or registration.

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.”

Section 5.       Rule 605 is hereby amended to read as follows:

Rule 605.      Order of examination; priority of action. —
Applications shall be examined for registrability in the order in which
the complete requirements for grant of filing date are received by the
Office. Ordinarily, the order of the application number assigned to them
by the office will be followed and no application bearing a higher
application number shall be examined in advance of the applications with
lower application numbers unless the filing date of the application
bearing the higher number is earlier than those bearing a lower number.
Provided, however, that priority of action and/or examination may be
granted upon petition under oath with payment of fees and upon order of
the Director, to trademark applications falling under any of the
following:

a.       Re-filing by the same registrant or assignee of a mark
previously registered but cancelled for failure to meet the maintenance
requirement.

b.       Re-filing by the same applicant of a mark previously filed but abandoned and can no longer be revived.

c.       An application for registration of a mark, names or
abbreviation of names, logos of any nation, intergovernmental or
international organizations.

d.       An application for registration of mark, names,
abbreviation of names, logos of any sports competition conducted within a
short period of time or when periodically conducted, the TM
registration is necessary to promote goodwill or image before the
commencement of the sports activity.

e.       An application for registration of mark, names,
abbreviation of names, logos of product and services of applicants
introduced and / or participating in a trade mission and / or exposition
local or abroad and will be conducted within a short period of time.

f.        An application for registration of mark, names,
abbreviations of names, logos of a religious, social or charitable,
educational activity the early registration of which is necessary to
achieve its purpose or objective.

Section 6.       Rule 618 is hereby amended to read as follows:

Rule 618.      Provisional Allowance. — If the only issue
remaining in an application based on foreign application claiming
priority right is the submission of a certified copy of the foreign or
home registration, the Examiner may provisionally allow the application
and suspend the submission of the certified copy of the foreign or home
registration for a period not exceeding twelve (12) months counted from
allowance. On request of the applicant and subject to the approval of
the Director and payment of the required fee, said twelve month period
may be extended for good cause by an additional period not exceeding
twelve (12) months. Should the applicant fail to submit the certified
copy of the foreign or home registration within the maximum period of
twenty four (24) months counted from allowance, the applicant may waive
his claim to priority right in writing and request that the application
be considered based on intent to use. Said waiver and request shall be
filed within two (2) months, without extension, counted from the
expiration of the maximum twenty four (24) month period without need of
any notice from the Office. Otherwise, the application shall be deemed
forfeited. After submission of the request for conversion to intent to
use and upon payment of the required fees, the application shall be
published by the Office for opposition. Furthermore, the declaration of
actual use shall be filed within three (3) years without extension and
without need of notice counted from the date of the filing of request
for conversion. Otherwise, the application shall be refused or the mark
shall be removed from the register by the Director motu propio.

Section 7.       Mr. Eduardo Joson, Records Officer
II, is hereby directed to file three (3) certified copies of this
Office Order with the University of the Philippines Law Center, and, one
(1) certified copy each to the Office of the President, the Senate of
the Philippines, the House of Representatives, the Supreme Court of the
Philippines, and the National Library.

Section 8.       This Office Order shall take effect on June 1, 2000

Adopted: 12 May 2000

Recommended by:	Approved:
(SGD.) LENY B. RAZ Assistant Director Officer-in-Charge, Bureau of Trademarks	(SGD.) EMMA C. FRANCISCO Director General