Notes on Trademark

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    TRADEMARK-RELATED QUESTIONS

    1. How do I register my trademark?

    To obtain a filing date, you only need to submit:

    Request to register a mark; Your identity, contact address and signature. If you are a non-resident

    registrant, the nameand address of your resident agent;

    A reproduction of the mark; List of goods or services sought to be included; and Filing fee in full amount

    No attestation, notarization, authentication, legalization or other certification isrequired.

    EXCEPT where you claim to be a Small Entity and wish to pay the filing fee onthat basis. Otherwise, all applicants are presumed to be Big Entities.

    2. How much is the filing fee for marks?

    The filing fee is P2,181.60 for Big Entities and P1,090.80 for Small Entities. Thefiling fee is computed and due for each class of goods or services.

    A small entity is:

    1. Any natural or juridical person whose assets are worth Twenty MillionPesos (P20M) or less; or,

    2. Any entity, agency, office, bureau or unit of the Philippine governmentincluding government-owned or controlled corporations, state universitiesand colleges and government- or government-run schools.

    A big entity is any natural or juridical person other than a small entity as definedabove.

    Any natural or juridical person is presumed to be a big entity unless a writtenstatement to the contrary is submitted by such natural person or the dulyauthorized representative of such juridical person.

    A small entity is entitled to a fifty percent (50%) reduction of the rates unlessotherwise provided in the Rules.

    Entitlement to the reduction of rate may be claimed at the time of payment by

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    submitting the sworn statement mentioned earlier. Said written statement shall besubmitted only once for each application, case or registration.

    The change in status or any assignment or other transfer from big entity to smallentity shall not result in any refund whatsoever of any payment made prior to the

    submission of the sworn statement. A change in status, assignment or othertransfer from small entity to big entity shall not result in any increase of fees paidprior to the recordal of the change, assignment or other transfer.

    3. Are there other requirements for trademark applications?

    The other formal requirements, which are not necessary at the point of filing, butwhich you may already include to facilitate the formal examination are:

    Name of the state where you are a national, domiciled or have a real andeffective industrial or commercial establishment

    If you are a juridical entity, the law under which you are organized andexisting Where priority of an earlier application is claimed, details of the claim, i.e.:

    name of the state or office where the earlier application was filed, its filingdate and, if available, the application number

    If color is claimed, the details of the claim, i.e.: name or names of the coloror colors claimed and the principal part or parts of the mark in that color

    Indicate if the mark is three-dimensional Transliteration or translation of the mark or part of the mark Ten facsimiles of the mark.

    4. Application Forms for mark where can I get them?

    To help you comply with the filing date and the other formal requirements,

    Forms are downloadable from this IPO Website under SERVICES

    Or, at the:

    Documentation Information and Technology Transfer BureauIntellectual Property Office of the Philippines

    2nd Floor, IPO Building, 351 Sen. Gil Puyat Avenue, Makati CityTel. Nos.: 752-5450 to 65 local 207Telefax: 897-1724E-mail address: [email protected]

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