According to the Philippines Trademark Law, the holder of trademark is required to notarize the DECLARATION OF ACTUAL USE (DAU) in the prescribed form within a specified period of time, along with evidence(s) of actual use of the trademark. The Philippine IP Office (IPO) shall not issue any notice, and it is completely submitted by the applicant, so an agent must be entrusted to monitor the deadlines of the DAU. If the holder of the trademark fails to file the DAU in due time, the trademark shall be directly cancelled by the IPO, resulting in the trademark is completely invalid. If the holder still wants to own the trademark again,refiling is the only way to regain the exclusive right to the trademark. However, if there is an earlier similar application by then, it is likely to lose the trademark. A trademark registration is in force for 10 years in the the Philippines but, to maintain it, the DAU of the mark, with accompanying evidence of its use, must be filed with the Intellectual Property Office of the Philippines according to the following schedule: 1. DAU must be filed within three (3) years from the filing date of the trademark application; A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees 2. DAU must be filed within one (1) year from the fifth anniversary of the registration / within one (1) year from the fifth anniversary of the renewal of registration. A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees 3. DAU must be filed within one (1) year from the date of renewal of registration Note: The holder of an international registration with an extension of protection to the Philippines under the Madrid Protocol must timely file the DAU referenced above directly with the Philippines IP Office, within 3 years from the filing date and between the 5th and 6th years after the registration date.
According to the Memorandum of Understanding on the Payment of Fees for the Patent Cooperation Treaty (PCT) signed by the China Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO), the CNIPA collects fees for the international phase of the PCT application on behalf of the International Bureau of WIPO according to the RMB standard published by the WIPO. 1. RMB standard to be implemented from November 1, 2023. According to the RMB standard for the international phase fee of PCT application, which will be implemented from November 1, 2023, published by the WIPO, the CNIPA will charge the international phase fee of PCT application according to the following standard. Standard for the PCT International Phase Fee ( currency: RMB) (1) Application fees for international phase collected on behalf of the International Bureau 1. No more than 30 sheets 10920 2. Each sheet in excess of 30 120 3. Reduced fee for electronic filing (PDF format) 1640 4. Reduced fee for electronic filing (XML format) 2460 (2) Processing fees collected on behalf of the International Bureau RMB1640 If the exchange rate fluctuation is too large and other reasons to adjust the standard will be announced separately. 2. Scope of application This standard applies to the international application fee and processing fee for PCT applications submitted to the CNIPA with a date of receipt after 1 November 2023 (inclusive). In addition to the fees charged on behalf of the International Bureau, the fees charged by the CNIPA, such as international search fees, remain unchanged, as detailed in the "Patent Fees, Layout Design Fees for Integrated Circuits" published on the website of the CNIPA. Source: CNIPA
CNIPA: Obvious lack of inventive step shall be a part of scope of preliminary examination of utility models Recently, the China National Intellectual Property Administration (CNIPA) issued a reply to the Fifth Session of the 13th National People's Congress (NPC) Recommendation No. 8842. It is mentioned that the CNIPA shall promote the examination of inventive step for the utility models and improve the quality of granting. At present, China adopts the examination system of preliminary examination plus evaluation report for the utility models. In the preliminary examination, the examiner may examine whether the applied-for utility models obviously do not involve inventive step on the basis of information obtained from the prior arts or the conflicting applications. For further improving the quality of granting of the utility models, the CNIPA actively promotes the reform of system of the utility models. In the draft amendment of the Rules for the implementation of the Patent Law, obviously does not involve inventive step shall be a part of scope of utility models preliminary examination, amend the Patent Examination Guide accordingly, and further perfect the relevant examination standards.
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