Can opposition proceedings be instituted against an application for trademark registration?
Yes. Under Philippine law, any person who believes that he would be damaged by the registration of the mark may, upon payment of the required fee file with the Bureau of Legal Affairs an opposition to the application. Any opposition to a trademark application should be filed within thirty (30) days after the publication of the application in the IPO Gazette.
Can a third party cause the cancellation of a trademark registration? What is the procedure for cancellation of registration of a trademark in the Philippines?
A petition to cancel a registration of a trademark may be filed with the Bureau of Legal Affairs (BLA) of the Intellectual Property Office by any person who believes that he is or will be damaged by its registration.
The cancellation may be filed:
(a) Within five (5) years from the date of the registration of the mark;
(b) At any time, if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of the Intellectual Property Code (IP Code), or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used.
(c) At any time, if the registered owner of the mark without legitimate reason fails to use the mark within the Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of three (3) years or longer.