【Trademark Q&A : The Philippines】Q6. Please let me know the flow of the trademark registration procedure.
A: Before filing an application, first confirm that similar or identical marks are not registered through the Intellectual Property Office of the Philippines (IPOPHL) website and fill out the application form. After that submit it.
The flow of examination after submitting the application is as follows;
(1) Formal examination
(2) Substantive examination
(3) Publication of Application
(5) Payment of registration fee
(6) Registration
【Trademark Q&A : Myanmar】Q4. How much does it cost to register a trademark?
A. Depending on the size of the warning text in the newspaper, it will cost around 700 to 1,500 USD in total.
【Trademark Q&A : Vitnam】Q3. What is the process for registering a trademark?
A: The process for registering a trademark have a five-step process.
Trademark application documents can be submitted directly to the head office or representative office of National Office Of Intellectual Property (NOIP).
The application can apply by mailing the application documents to the head office or representative office of NOIP by registered mail, or by online application.
(1) Application
(2) Formality examination
(3) Publication of application
(4) Substantive examination
(5) Registration
【Trademark Q&A : Thailand】Q4. Is it possible for foreigner to obtain the right of intellectual property?
A: Applicant who does not live in Thailand should appoint the proxy who lives in Thailand and has a qualification of patent attorney.
However, regarding trademark, a person who has an office in Thailand or has an address can apply by proxy without qualification of patent attorney.
Application language of the patent and utility model is Thai or foreign language and in the case applying in foreign language should submit the translation within 90 days from the filling date.
Regarding the design and trademark, can only be applied in Thai language.
【Trademark Q&A : Japan】Q4. What are the benefits of the registration of a trademark?
A: The main benefits of registration of a trademark are as follows.
(1) Only you can use the trademark exclusively.
(2) Other companies cannot use not only the same trademark but also a similar trademark (it means that you can exclusive your designated goods and designated services)
If you become a trademark rights owner registered a trademark, you will be able to suspend the use of the same or misleading trademark for goods or services. If the other party ignore your warning of suspension of using and keep using it, you can claim for damages as well.
【Trademark Q&A : Malaysia】Q2. What kind of marks we can register as trademarks in Malaysia? What kind of marks we cannot register?
A. A mark consisting of at least one of the following elements or including one of the following elements can be registered.
(1) Name of an individual, company or enterprice displayed in a special or unique manner
(2) The registration applicant or the person who takes over the business of the person must have a signature.
(3) coined words
(4) Words that do not directly refer to the nature or quality of goods or services, and that are not geographical names or human surnames according to their normal meanings. (“Pesticide-free tomato” and “Malaysia tomato” and so on as be used for tomato)
(5) Other distinctive marks
Marks corresponding to the following cannot be registered.
(1) Marks that confuse or deceive the public
(2) A defamatory or aggressive mark
(3) Marks that impair national interests or national security
(4) Mark representing the royal emblem
(5) Marks whose names and emblems of international organizations, countries, states and cities are elements of the trade mark unless consent is given
(6) Mark including description of goods or services
(7) Marks claiming intellectual property rights (e.g. “copyright”, “patented”, “patent”)
(8) Mark representing or referring to the king or head of state
(9) Mark representing a government-owned building
(10) The word “ASEAN” and its logo mark
(11) The word “RED CRESCENT” or “GENEVA CROSS” and their logo mark
【Trademark Q&A : The Philippinens】Q5. What are the necessary documents for filing a trademark?
A: Documents required for trademark application are as follows.
It must be written in English or Filipino.
(1) Application form
(2) Trademark sample
(3) Power of attorney (can be submitted within 60 days from the filing date)
(4) Prescribed application fee
* The following is if only necessary
・ Priority certificate
・ Translation of priority certificate
・ In the case of a trademark displayed in a foreign language: Translation of the trademark or display of transliteration
・When claiming color: Display and designation of color
・ In the case of a three-dimensional trademark or a collective trademark: Explanation of the trademark
If the trademark application is based on the applicant’s home country registration, a certified copy of the home country registration must be submitted within 12 months from the filing date.
Since this 12-month period can be extended by 12 months, the deadline for submitting a certified copy of home country registration is 24 months from the date of application.
【Trademark Q&A : Japan】Q3. What should we keep in mind when starting to use the new naming and logo?
A: When you think about a new naming or logo, you should first check the status of trademark registration for that naming or logo. There are two main points to consider:
(1) Whether or not it will violate someone’s rights
(2) Whether the trademark can be registered
【Trademark Q&A : Myanmar】Q3. What procedures should be followed to register a trademark under the registration law?
A. By submitting the following required documents to the registration office, a registration number will be given by the registration office.
After that, registration is completed by posting a warning in a newspaper published in Myanmar. The estimated time to complete registration is about 1-2 months.
(1) Ownership declaration
(2) Power of attorney
(3) Documents related to the company registration (copy)
(4) Board meeting minutes regarding trademark registration (both Myanmar and English versions required)
【Trademark Q&A : The Philippines】Q4. How long is the duration of the acquired trademark right?
A: The period of protection is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.
The renewal procedure period is 6 months before and after the registration expiration date, and an additional fee is required for renewal after the registration expiration date.
The request shall contain the following indications:
a. An indication that renewal is sought;
b. The name and address of the registrant or his successor-in-interest, hereafter referred to as the “right holder”;
c. The registration number of the registration concerned;
d. The filing date of the application which resulted in the registration concerned to be renewed;
e. Where the right holder has a representative, the name and address of that representative;
f. The names of the recorded goods or services for which the renewal is requested or the names of the recorded goods or services for which the renewal is not requested, grouped according to the classes of the Nice Classification to which that
group of goods or services belongs and presented in the order of the classes of the said Classification; and
g. A signature by the right holder or his representative.
※Nice classification is a classification table that is created based on the Nice Agreement and is common to all member countries regarding goods and services for mark registration. It is also called the international classification table for goods and services.