Trademark Opposition in the Philippines

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When a third party decides to file an opposition against a trademark, the following procedure applies: Any person who believes that he would be damaged by the registration of a mark may, upon payment of the required fee, and within thirty days after the publication of your mark in the E-Gazette of Trademarks, can file with the IPO an opposition to the application. Upon proper motion anchored on meritorious grounds which must be expressly indicated in the motion, and the payment of the filing fee for opposition and other applicable fees, the IPO may grant an additional period of 30 days within which to file the opposition.

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A second motion for extension of 30 days may be granted on compelling grounds and upon payment of the applicable fees; provided, that in no case will the filing of the opposition exceed ninety (90) days from the date of the aforementioned publication; provided, further, that if the last day for filing of the verified opposition or motion for extension falls on a Saturday, Sunday, holiday, non-working day or on a day when the IPO is closed for business as may be declared by the Director General, the filing must be done the next succeeding working day.

Benefits of Filing Trademark Opposition

Highly Effective Remedy for TM Owner

Trademark opposition is particularly important because it allows registered trademark owners to stop any competing marks that can harm, weaken, or confuse their mark.

Public Consultation

It is crucial to ask the public for permission regarding the registration of the proposed trademark since the brand is developed via public demand and popularity.

Documents Required for Trademark Opposition

Details of Applicant

Name, Address, Nationality, etc of the applicant. Body corporates/other categories need to provide a registration certificate.

Power of Attorney

It allows the attorney to file the trademark opposition on your behalf.

Affidavit

Affidavit with the basic information about the trademark and its user date and proof of use.

Details About The Opposed Mark

Detailed information about the mark against which the opposition is to be filed, i.e., name and basic grounds for filing the opposition.

Process for Trademark Opposition

The simple Trademark Opposition process is as follows:

Get the notice of opposition

File documents and the evidence

Start the process TM Opposition

Our Assistance to File The Trademark Opposition

We, at Brealant, provide end-to-end solutions for Trademark Opposition. Our services include:

Collection of Information and Starting Process

Drafting the Application

Reviewing Draft and Making Changes

Representing You in TM Opposition

Frequently Asked Questions

Can one oppose a trademark application in the Philippines?

Yes, a trademark application in the Philippines is subject to opposition proceedings.

When is the deadline to file an opposition?

Within thirty (30) days of the trademark application’s official gazette publication, a Verified Notice of Opposition must be submitted. Three times, for a total of thirty (30) days each, this deadline may be extended, but in no instance may the additional time exceed one hundred twenty (120) days from the date of publication.

Who may file an opposition?

Any party that will be damaged by the registration of a trademark may file an opposition.

Is an opposition proceeding available against international registrations?

Yes, applications filed through the Madrid system designating the Philippines are also subject to opposition proceedings.

What are the formal requirements of a Verified Notice of Opposition?

A certification of non-forum shopping must be included with the written, documented, and confirmed notice of opposition. It must be signed by the opposer’s lawfully authorized officer or representative, notarized, and legalized at the closest Philippine Embassy and/or Consulate, together with the official or representative’s evidence of authority. Original or certified genuine copies of all supporting papers are required. Any non-English-language materials must be accompanied by English translations.

Who has original jurisdiction in an opposition proceeding?

The Bureau of Legal Affairs (BLA) of the Intellectual Property Office of the Philippines (IPOPHL) has the original jurisdiction in opposition cases.

What is the quantum of evidence required?

The opposition needs significant proof or the kind of pertinent information that a reasonable person would consider as sufficient to support a finding in administrative action.

What is the period to file a Verified Answer to a Verified Notice of Opposition?

After the respondent receives the Notice to Answer, he or she has thirty (30) days to file the Verified Answer. The respondent is allowed three extensions of time, each for thirty days. However, the entire time frame from receipt of the Notice to Answer cannot be longer than one hundred twenty (120) days.