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Intellectual Properly Law

Grounds
(Applications addressed to -Duly Filled-up Form (own cost) 1. Period for filing
the Director) -Drawing of Mark (e.g. computer- Opposition
- Request for Registration generated) (dispensed with in Express expired
- Applicant Identification and service mark) (ordinary bond Abandonment 2. BLA denied
Signature (original sent to paper; pen; name of owner within (Filing Written Opposition
IPO w/n 30 days from marginal lines, signed) (registered within
Revival of Declaration signed
receipt) (SPA, if necessary) -Identity of Applicant 30 days)
-Payment of Fees (condition Abandoned by Applicant)
- Priority Right Application 3. Payment of Fees
- Details of Protection precedent) Application
- Classification under Nice -Disclaimers (e.g. “since 2019”) (Filing of request Issuance of Certificate of
Re-examination
Classification (Divisional -List of Marks to revive within 3 by Examiner or Registration & Publication
Application) -Labels months from date Application will
- Declaration of Actual Use -Translation or Transliteration of abandonment be abandoned
(w/n 3 years from filing (foreign words involved) and pay fees; (non-response)
date; 3 grounds for Non- FAME grounds)
Use) -only once done
Publication for
Opposition
Response by
Ex-parte Interviews with
According a Filing Date Examination Applicant (within 2 Final Action by
prosecution of Examiners months from action of
(with a fee) Examiner
Application for Examiner)
registration
Examples:
1. Refiling of same
Refusal of Registration
Complied Not Complied
(Date of Within 1 month application
submission is from mailing Preliminary Preliminary Gen. rule: 2. Application of
date of notice, Adverse Rejection Chronological Intergovernmental or
date of filing)
Action (Not to be Exception: international org.
has to correct or
Priority of 3. Sports competition, et
complete record, (Positive taken literally;
Application Number Action/Examin al.
otherwise action) aid to avoid
(with sequential ation 4. Trade mission
number) application litigation after 5. Charitable and
Filing Date deemed grant of educational activity
withdrawn registration) 6. Domain names
7. ICT infrastructure
Final Decision and
Not Appealed to shall have the effect
Director/ Appeal not of res judicata
Prosecuted Appeal to the Court Petition for
of Appeals under Review to
Denied Rule 43 Supreme Court

Refusal of
Trademark by Basis is the Uniform
Examiner Appeal to the Denied Rules on Appeal
Director (Petition or File Appeal
Notice of Appeal Memorandum to (Office Order No. 12
Quasi-Judicial and Payment of Fees the Director (2002)
Function within 2 months) General
(Within 30 days Immediately Final
from receipt of Granted and Executory;
Decision; additional Remand to the
15 days) Trademark
Examiner
Appeal to the Immediately Final
Granted
Director and Executory;
Remand to the
Trademark
Examiner

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