PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
45 days, through a proper motion with payment of the extension and opposition fees. If the case proceeds, it is referred to mandatory mediation, where parties are encouraged to set - tle through compromise. Initially, parties have 60 days from referral to resolve the matter, with the possibility of extending the period through joint request and the payment of fees. Even after the case moves to adjudication, par - ties may continue negotiations and enter into a compromise agreement before a final order or decision is issued. Trade Mark and Copyright Cancellation A trade mark cancellation case may be filed either within five years from the registration of the mark or at any time, depending on the grounds raised. Copyright cancellation may be filed by any inter - ested party at any time during the validity of the copyright. 5.2 Legal Grounds for Filing an Opposition or Cancellation Grounds Opposition The IP Code does not specify grounds for filing an opposition. It is sufficient that the opposing party alleges that they may be adversely affect - ed by the registration of the opposed mark. Cancellation A petition for cancellation may be filed if: • the registration of a mark will cause/has caused damage to another; • either the whole mark or a portion thereof has become generic; • the mark has been abandoned;
• the mark’s registration was obtained fraudu - lently or contrary to the provisions of the IP Code; • the mark is being used by the registrant or with their permission to misrepresent the source of the goods or services covered by the mark; or • the mark has not been used in the Philippines for at least three years, or longer with legiti - mate reason. Defences to Trade Mark Revocation/ Cancellation Action Good faith is an available defence where bad- faith registration and/or fraudulent intent is raised. A registered mark shall not be deemed generic solely because it is also used as a name of or to identify a unique product or service. The test is the primary significance of the registered mark to the relevant public rather than purchaser moti - vation. If the ground raised is non-use of the mark, it may be excused if caused by circumstances arising independent of the will of the trade mark owner, except for a lack of funds. 5.3 Ability to File an Opposition or Revocation/Cancellation Any person who believes that they would be damaged by the registration of a mark can oppose or cancel it. Ownership of a registered mark in the Philippines is not necessary. Based on reciprocal rights, foreign brand owners may also oppose an application or cancel a registra - tion made in bad faith, regardless of whether or not they are engaged in business in the Philip - pines and with or without local trade mark reg - istrations.
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