If the Examiner identifies any grounds for refusal under Section 123 of the Intellectual Property Code of the Philippines, a Registrability Report (also known as an Office Action) will be issued, detailing the specific reasons for the refusal.
A Registrability Report, also known as an Office Action, is an official document issued by the Intellectual Property Office of the Philippines (IPOPHL) when the trademark examiner finds issues that may prevent the registration of a trademark. It contains the legal grounds under Section 123 of the Intellectual Property Code and sometimes, suggestions on how to respond or overcome the issues. The applicant is given a period of two (2) months from the mailing date of the Registrability Report to submit a response. This period is extendable once, for an additional two (2) months, upon timely request and payment of the required extension fee.
If the Applicant's response has overcome the issues in the Registratibilty report, , the application will proceed to publication and, if unopposed, ultimately to registration.
When the Examiner's objection is based on relative grounds (i.e similarity to an existing mark) the applicant may submit a Letter of Consent or a Co-existence Agreement to obviate the issue. However, acceptance of such documents is still at the Examiner’s discretion, particularly if there is a significant risk of public confusion or deception.
If the Examiner is not satisfied with the applicant’s response to the Registrability Report, a Subsequent Action will be issued, either reiterating the original objections or raising new ones. The applicant must respond within two (2) months from the mailing date.
If the Examiner remains unconvinced by the response to the Subsequent Action, a final refusal may be issued. In such cases, the applicant may appeal the decision to the Director of the Bureau of Trademarks.
After the Examiner verifies the trademark is distinctive, free of conflicting marks, and fully compliant with all the substantive requirements, the application will be allowed and proceed to publication in the IPOPHL e-Gazette.
It's the first Office Action from the examiner outlining any non-compliance or issues with the trademark application based on the examination.
It's an option to request expedited processing of your application under certain circumstances, subject to additional requirements and fees.
A trademark application is denied for a variety of reasons. For example, a trademark application will be denied if it contains scandalous material or uses national symbols of the Philippines or other countries.
It will also be refused if it bears the likeness of a person without his permission or is too similar to another existing trademark in the same or closely related goods and services.