PART 7
Publication, Allowance And Issuance Of Certificate Of Registration
RULE 700. Publication in the IPO Gazette; end of jurisdiction of the Examiner. – An application for registration is subject to opposition proceeding before issuance of the certificate of registration. Thus, after examination or re-examination of an application for registration, if it should appear to the Examiner in charge of the examination thereof that the applicant is entitled to have his mark registered, the mark will, upon the recommendation of said Examiner, be ordered by the Director to be published in the IPO Gazette for opposition, and the applicant notified of such action.
The jurisdiction of an Examiner over an application ceases after the Director has ordered the mark to be published for opposition.
RULE 701. Examiner may Petition for the remand to his Jurisdiction, of an allowed application. – After allowance and within one (1) month from publication of the allowed application, the Examiner may again exercise jurisdiction over an application upon petition by him to the Director on the ground of newly discovered ex parte objections to the registration of the mark.
After an application has been remanded to the Examiner, any amendment recommended by the Examiner may be approved by the Director and may be made without withdrawing the allowance, provided the payment for the issuance of the certificate has not been received by the Office.
RULE 702. Examiner to be in charge of Publication for Opposition; Applications confidential prior to Publication. – The Examiner shall be in charge of all matters relating to the publication for opposition of all marks and trade names ordered by the Director to be published as provided in these Regulations.
Access to files of pending applications will not be given to anyone prior to publication for opposition of the mark or trade name or name and other mark of ownership stamped on containers, without the written authority of the applicant. However, an index of pending applications stating the name and address of the applicant, a description of the mark or trade name or name and other mark of ownership, the goods, business or service or container with which the mark or trade name or name or other mark of ownership is used, the class number, the application number and filing date of the application will be available for public inspection as soon as practicable after filing.
RULE 703. Allowance of application and Issuance of Certificate of Registration. – (a) Upon certification by the Director of the Bureau of Legal Affairs that no notice of opposition, whether or not verified and whether or not by means of the original copy, has been filed within one (1) month from the date of release for circulation of the IPO Gazette publishing the application for opposition, and upon payment of the required fee, the office shall issue the certificate of registration. The Director of the Bureau of Legal Affairs shall issue such certification within two (2) months from the date of release for circulation of any IPO Gazette publishing applications for opposition. The issuance of the certificate of registration shall be published in the IPO Gazette and shall be entered on the records of the Office.
(b) If the application is deficient in any formal matter relating to form, documents, or other papers necessary for the preparation and issuance of the certificate of registration or for the publication of such registration, the Examiner shall send a notice thereof to the applicant. The applicant shall complete such deficiency within two (2) months from mailing date of the notice; otherwise the application shall be declared abandoned. The abandoned application, however, may be revived subject to the requirements of these Regulations.
