PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
tion, they may request that the applicant submits supporting evidence to clarify the issue. If a mis - take occurs in the registration due to the appli - cant’s fault made in good faith, the IPOPHL can issue a certificate of correction upon payment of the necessary fee. However, such a correction cannot involve any changes that would require the mark to be republished. 4.10 Refusal of Registration A trade mark cannot be registered if it falls under any of the following absolute grounds for refusal: • immoral, deceptive or scandalous matter, or matter that disparages or falsely suggests a connection with persons, institutions, beliefs or national symbols; • the flag, coat of arms or insignia of the Philip - pines or any foreign nation, or simulations thereof; • a name, portrait or signature identifying a living individual, or the name, signature or portrait of a deceased Philippine President during the life of his widow; • generic signs; • signs customary or usual in everyday lan - guage or established trade practice; • signs indicating the kind, quality, quantity or geographical origin of the goods/services; • shapes dictated by technical factors or the nature of the goods; • colour alone; • signs likely to mislead the public regarding the nature, quality or origin of the goods/ser - vices; or • signs contrary to public order or morality. The examiner must state the grounds for objec - tions in the Registrability Report, and the appli - cant has two months from its mailing date to respond. If the refusal is upheld, the applicant can file a notice of appeal to the Director of
Trademarks. A decision of the Director can then be appealed to the ODG. 4.11 The Madrid System The Philippines adheres to the Madrid Protocol, which permits the holder of an international trade mark registration to designate another country for trade mark protection. To file an international application, the applicant must electronically submit the following via efil - ing.madrid.wipo.int: • the name, address and contact details of the applicant or the address and contact details of the applicant’s representative, if any; • the designated contracting parties; • reproduction of the mark; and • an indication of the goods and services for which registration of the mark is sought. Filing through the Madrid System offers several benefits. A single application in one language with one fee can cover multiple territories, elimi - nating the need for multiple national applica - tions, translations or local representatives. It also streamlines trade mark management and expan - sion, and provides global protection in more than 80% of the world. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation Trade Mark Opposition Once an application is allowed, it is published in the IPOPHL e-Gazette, and an opposition can be filed against it within 30 days from its publication date. This deadline can be extended once, for
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