The Intellectual Property Office of the Philippines (IPOPHL) has revised the trademark rules and regulations through the release of IPOPHL Memorandum Circular No. 2023-001 which brings some changes affecting the trademarks practice.
One of the key changes brought about by the revised rules and regulations is the period for payment of the publication fee for opposition. Whereas in the previous regulations, the publication fee for opposition was required to be paid after the trademark examination has concluded, the new regulations now require the payment of the publication fee upon filing of the application.
The relevant rule is quoted hereunder for easy reference:
Rule 501. Filing Fee; Other Fees – The Filing Fee, for purposes of according filing date, shall include the following fees:
a. Basic fee;
b. Color claim fee (if applicable); and
c. Publication for opposition fee
xxx
The Filing Fee shall be deemed forfeited in favor of the government without obligation on the part of IPOPHL to reimburse should the application not proceed to registration for whatever cause.
As can be gleaned from the provision above, the publication for opposition fee has to be paid at filing in order for the application to be accorded a filing date. Further, the publication fee is forfeited should the application not proceed to registration for whatever cause. Among these causes include rejection during examination or abandonment of the application for whatever reason.
