INTELLECTUAL PROPERTY OFFICEOF THEPHILIPPINES

HONG L1AN , } IPC No. 14-2018-00617 Opposer, } Opposition to:

} } Appln. No . 4-2018-008805

-versus­ } Date Filed: 25 May 2018 }

STEPHANIE CAMILLE CHUA, } TM: STORY OF FOOD Respondent-Applicant. }

x------------- ---------------------------------------------------x

NOTICE OF ORDER

~ ! MERU LLANTINO & DIAZ-SALCEDO LAW FIRM it t, 0 \I\j V\L L,&'ilr"'V

Counsel for Opposer Unit 209 Intramuros Corporate Plaza ~- ~- vv\c\ Recoletos Street, Intramuros 1002 Manila

v STEPHANIE CAMILLE CHUA Respondent-Applicant REC I VRm. 29 3rd Floor, Legaspi Towers

DATE /B Y: {l - ] ·-I q 300 Roxas Blvd., corner P. Ocampo sr .. Malate, Manila

...I

GREETINGS:

Please be informed that Order No . 201tJ -~ (D) dated 06 February 2019 (copy enclosed) was promulgated in the above entitled case.

Pursuant to Section 2, Rule 9 of the IPOPHL Memorandum Circular No. 16-007 series of 2016, any party may appeal the Decision to the Director General within thirty (30) days after receipt of the decision together with the payment of applicable fees.

Taguig City, 07 February 2019.

M~~ IPRS IV

Bureau of Legal Affairs

www.ipophil.gov.ph o Intellectual Property Center #28 Upper McKinley Road e mail@ipophil.gov.ph Mckinley Hill Tow n Cente r e +632 -2386300 For t Bonifaci o. Taguig City

+632-5539480 1634 Philippines

INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES

HONG LIAN, } IPC NO. 14-2018-00617 Opposer, } Opposition to:

} -versus­ } Appln. Ser. No. 4-2018-008805

} Date Filed: 25 May 2018 }

STEPHANIE CAMILLE CHUA, } Respondent-Applicant. } Trademark: STOR'A OF FOOD

x----------------------------------------------------x Order No. 2019­ ~d (D)

ORDER

Records show that this Bureau issued Order No. 2018-1963 dated 29 November 2018 giving the Opposer a non-extendible period of five (5) days from receipt of Order to submit the original notarized Special Power of Attorney/Secretary's Certificate. Records further show that the Petitioner received Order No. 2018-1963 on 14 January 2019.

In this regard, Rule 2, Section 4 (c ) as amended by IPOPHIL Memorandum Circular No. 16-007 of the Revised Rules and Regulations on Inter Partes Proceedings which took effect on 29 July 2016, provides;

xxx

(c) The Opposer, including those who file for extension of time to file notice of opposition, or the petitioner shall be given a period of five (5) days from receipt of the order to complete or to cure any of the following defect:

(1) Non-payment in full or in part of the filing fees and other applicable fees, (2) Failure to attach any of the following documents:

(i) Verification; (ii) Certification of non-forum shopping; (iii) Special Power of Attorney of representative(s) who sign the

pleadings, the verification, and the certification of non-forum shopping; and the proof of authority to issue or execute the Special Power of Attorney; and

(iv) Proofof authentication by the appropriate Philippine diplomaticor consular office, of the foregoing documents, if executed abroad.

No further extension shall be allowed.

Failure to complete or cure the defect shall cause the dismissal of the case. The Director or Assistant Director shall issue the final order of dismissal.

Pursuant to the above cited Rule, the Opposer was given a non-extendible period of 5­days to complete or cure the defect in the filing of the opposition, particularly the submission of the original Special Power of Attorney/Secretary's Certificate. This period was also explicitly stated in Order No. 2018-1963. The Opposer had until 19 January 2019, within which to file her compliance. The period lapsed without the Opposer complying with Order No. 2018-1963.

~ www.ipophil.gov.ph Intellectual Property Center

e mail@ipophil.gov.ph #28 Uppe r McKinley Road Mckinley Hill Town Center o +632 -2386300 Fort Bonifacio. Taguig City

II +632-5539480 1634 Philippines

"

WHEREFORE, premises considered, this case is hereby DISMISSED.

Let the filewrapper of Trademark Application Serial No. 4-2018-008805 be returned, together with a copy of this Order, to the Bureau of Trademarks for information and appropriate action.

SO ORDERED.

Taguig City, 06 February 2019.

~~ Atty. CHRISTINE V. PANGILINAN-CANLAPAN, MBA

Director III, Bureau of Legal Affairs

Copy furnished:

MERU LLANTINO & DIAZ-SALCEDO LAW FIRM Counsel for Opposer Unit 209 Intramuros Corporate Plaza Recoletos St., Intramuros 1002 Manila

STEPHANIE CAMILLE CHUA Respondent-Applicant Rm. 29 3rd Floor, Legaspi Towers 300 Roxas Blvd. corner P. Ocampo St. Malate, Manila

BLA/MTC