IPOPHL MEMORANDUM CIRCULAR NO.20 23 =0 02 Series of 2023 Subject: AMENDMENTS TO IPOPHL MEMORANDUM CIRCULAR NO. 16-012 (IPOPHL REVISED FEE STRUCTURE OF 2017) IN RELATION TO TRADEMARK-RELATED FEES WHEREAS, |POPHL promulgated IPOPHL Memorandum Circular No. 16-012 establishing the IPOPHL Revised Fee Structure of 2017 which became effective on 01 January 2017; = 2023-001 WHEREAS, IPOPHL also promulgated IPOPHL Memorandum Circular No. _which pertains to the Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers of 2023 (Trademark Regulations of 2023) which replaces the Revised Trademark Regulations of 2017; WHEREAS, the Trademark Regulations of 2023 aims to facilitate and expedite payment and the trademark application process, in general; WHEREAS, there are fee items that need to be paid upfront which are neither an additional or an increase of any fee items in the current IPOPHL Fee Structure; WHEREAS, there Secretary of Trade and Industry has approved the amendment of the fee items; NOW, THEREFORE, the IPOPHL Revised Fee Structure is amended, as follows: SECTION 1. Section 16 on the Schedule of Trademark Related Fees is hereby amended as follows: Section 16. Schedule of Trademark-related Fees - The fees provided in this section shall apply to trademarks, service marks, tradenames, and marked or stamped containers: ‘SCHEDULE OF TRADEMARK-RELATED FEES Type ofFee ‘Small Entity Big Entity Filing fee’ Basic Fee (per class) - | Basic Fee (per class) - 1,200.00 2,592.00 Allowance / Publication Allowance / Publication for Opposition - for Opposition — 900.00 960.00 Claim of Convention Priority | 860.00. 1,800.00 | + The Filing Fee includes the Basic Fee and the Publication for Opposition Fee, as provided under Rule 601 of the 2022 Revised Trademark Regulations BOO®Claim of color, claim of | 280.00 600.00 distinctiveness (per class) Request for Priority | 2,990.00 | 6,240.00 Examination Extension of time to file | 340.00 | 720.00 response” | Divisional application? 280.00 600.00 Revival of Abandoned | 570.00 1,200.00 Application ‘Suspension of examination | by examiner ‘Amendment Fee* 400.00 840.00 Extension to file an appeal | 1,800.00 7,800.00 | to the Director | Voluntary 280.00 600.00 ‘Surrender/Abandonment Reconstitution of records ‘860.00 900.00 Recordal Fee | 2 400.00 840.00 Allowance—/—Publication | 00.00 1960.00 for Opposition Publication Revival - unpaid 2nd | 670.00 7,200.00 Publication | Reconstitution of Records _ | 860.00 [900.00 Recordal Fee® 400.00 840.00 Recordal Licensing 340.00 720.00 Agreement and other documents not required by the office (No Publication) ‘Additional Class® 1,200.00 2,592.00 Recordal — Publication Fee | 900.00 ‘960.00 (for registered marks) Registration — Issuance of 570.00 1,200.00 Certificate of Registration’ Publication of Registration | 900.00 960.00 (2° Publication) ? Includes extension to fle response to office actions on Declaration of Actual Use (DAU), Recordal and Examination ® Per request, regardless of number of classes to be divided To amend formaities, i., to delete portion of the mark or description of goods ® Includes recordal of assignment, change of nameladdress, merger © Upon examination, the specification of goods (broad terms) may be classified under a different class. 7 Includes replacement (on account of recordation), copy of certificate, reissuance (with correction/amendment and renewal of certificates).7 Assignment of 3,000.00 plus publication fee application from small to big | entity | peer 1 Assignment of | 5,500.00 plus publication fee registration from small to big entity Correction (without fault of | 570.00 7,200.00 Office)? Voluntary Cancellation 280.00 600.00 Voluntary Disclaimer 280.00 600.00 Division of Registration 570.00 1,200.00 Renewal of Registration | 3,100.00 6,600.00 (per class) Renewal surcharge (per__| 7,500.00 3,300.00 class) Filing of Declaration of Actual Use (DAU) 3% DAU (per class) ‘900.00 7,920.00, 5 DAU (per class) 1,100.00 2,400.00 Renewal DAU (per class) __| 1,100.00 [2,400.00 Mid-Renewal DAU (per 1,100.00 2,400.00 class) Single extension to File 3° | 7,800.00 3,840.00 DAU a Declaration of Non-Use, 3* | 900.00 7,920.00 | year, per class Declaration of Non-Use, 5° | 7,100.00 2,400.00 year, per class Registered under RA 166 and expiring after June 3, 2004 5” year DAU (per class) 4,100.00 2,400.00 10" year DAU (per class) _| 2,300.00 4,800.00 15" year DAU (per class) | 3,100.00 6,600.00 Other 300.00 600.00 motion/petition/request MADRID PROTOCOL- Related Fees Handling Fee - Madrid? NA 2,592.00 Individual Fee, per class” | NA 5,712.00 Individual Fee for Renewal, | NA 8,760.00 per class! Individual Fee for Renewal _| NA 13,140.00 with Surcharge, per class'? ® To correct error or mistake made by the applicantregistrant ® Fee for every International Application filed with IPOPHL as Office of Origin. This intemational application will be ¢lectronically transmitted to the Intemational Bureau (IB) of WIPO. ‘© Fee for Intemational Registrations Designating the Philippines and for Designations Subsequent to the International Registration. Takes effect 05 March 2017. pursuant to Art. 8(7)(b) of the Madrid Protocol IB. * Fee paid to the Intemational Bureau every 10 years from the international registration date. The renewal should be presented and paid to IB. Takes effect 05 March 2017, pursuant to Art. 6(7)(b) of the Madrid Protocol * Takes effect 05 March 2017, pursuant to Art. 8(7)(b) of the Madrid ProtocolTransformation fee, per | NA 2,592.00 class" Replacement Fee™ NA 720.00 ‘Other Request’? NA 720.00 Extension of Time to NA 1,200.00 ‘Submit Copy of Home Reg | (Madrid)*® ‘SECTION 2. Repealing Clause. - All rules and regulations, orders, circulars and memoranda or parts thereof that are inconsistent with these Regulations are hereby repealed or modified accordingly. ‘SECTION 3. If any provision in these Regulations or application of such provision to any circumstance is held invalid, the remainder of these Regulations shall not be affected thereby. SECTION 4. Effectivity. - The Amendments shall take effect on If February iu after publication in a newspaper of general circulation. The Office of the National Administrative Register at the UP Law Center, University of the Philippines, shall be furnished with three (3) copies hereof within ‘one (1) week after its publication. Done this _j0*" day of Tamcy: Taguig City, Philippines. Director General gr +? Fee paid for a request to transform or convert an Intemational Registration into a national application. This is a remedy for the holder when the basic mark ceases to have an effect because it has been withdrawn, has lapsed, has been renounced or has been the subject of a final decision of rejection, revocation, cancellation or invalidation Fee paid for a request to replace a national registration with an Intemational Registration. Replacement happens when, "a mark that is the subject of a national or regional registration in the Office of a Contracting Party is, under Certain conditions, deemed to be replaced by an international registration of the same mark". There exists in the IPOPHL database, the same mark filed through the national filing, under the name of the same holder and “all the goods and services listed in the national or regional registration are also listed in the international registration in respect of that Contracting Party’ ' Fee paid for other Madrid-related requests not falling under any of the above fees, which may be any document for transmittal to 1B, + An International Registration, like a national application, will not be registered unless the basis ofthe priority claim has been registered in the foreign country. Ifthe foreign application has not yet matured into registration, the holders, through their agents may file a request for extension to submit a copy of home registration. fp TPOPHL!Z3IRHLO 15:24 RECELUED BY