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Intellectual Property
 

Intellectual Property


 

DOMAIN NAMES

 

ID-NAMES

 

To provide support to an internet-based economy, the  Intellectual Property Office of the Philippines, issued Rule 605 of the Trademark Regulations, as amended by Office Order No., 08, Series of 2000 and as further amended by Office Order No. 30, Series of 2000, to include Internet Domain Names in the list of marks that are registrable under the list of marks that are registrable under the IP Code (R.A. 8293). 

 

PRIMER

 

 

HOW TO REGISTER

A.  The Application

The applicant must clearly indicate the IDN being sought for registration as service mark and   specify the services covered using the Nice Classification.

B.  Priority Examination

  1. Applicants who wish to avail of the priority examination shall so indicate in a petition under oath for priority examination to be attached to the accomplished standard application form and pay the corresponding fee (P4,000 for Big Entity; P2,000 for Small Entity plus 1% legal research fund thereof) as provided in Ref. Code 504, Section 5.0 of the Implementing Rules and Regulations of IPO Fee Structure (IFS) dated June 8, 2000.

  2. Applications filed prior to the issuance of Office Order No. 39 may be accorded the privilege of priority examination upon compliance of the applicant with the following:

  • Petition for priority examination, under oath

  • The petition must clearly bear the following data: (a) applicant's name; (b) the exact IDN sought to be registered as service mark; (c) the application's filing date; and (d) the application number;

  • At least a Xerox copy of the applicant's file copy  of his/its application

  • Payment of fee

  CCode Number of IDN Applications

The number 20 has been assigned as the code number for internet domain name-service mark applications.

Example: 20-2001-0001 (This means that the IDN service mark application was the first (00001) application filed in the year 2001.)

IDN registered as service marks can be classified under any of the following international classes:

Class 35 - Advertising; Business Management; Business Administration; Office Functions

Class 36 - Insurance; Financial Affairs; Monetary Affairs; Real Estate Affairs

Class 37 - Building Construction; Repair Installation Services

Class 38 - Telecommunications

Class 39 - Transport; Packaging and Storage of Goods;

Class 40 - Treatment of Materials

Class 41 - Education; Providing of Training; Entertainment; Sporting and Cultural Activities

Class 42 - Providing of Food and Drink; Temporary Accommodation; Medical, Hygienic and Beauty Care; Veterinary and Agricultural Services; Legal Services; Scientific & Industrial Research; Computer Programming; Services that cannot be placed in other classes.


Source: 

Intellectual Property Office 

by: Dir. Gen. Emma C. Francisco
 

Your IDN is only an identifier, while registration as a service mark gives you the following competitive edge:

  • A certificate of registration of a mark serves as a prima facie evidence of the validity of your registration, your ownership of the mark and of your exclusive right to use the mark in connection with the services and those that are related thereto as specified in the certificate.

  • It helps facilitate enforcement of the law concerning trademarks and service marks, as provided for in the Intellectual Property Code (R.A. 8293) and its Implementing Rules and Regulations.

 
 
 
 
 
 
 
 
 
 
 
 

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