MEMORANDUM-CIRCULAR BT Y2k-9-05 Registration of Internet
Domain Names (IDN) As Service Marks ===============================================================================
TO : ALL CONCERNED
Trademark Duty Officers
All Others Concerned
FROM : LENY B. RAZ
Assistant Director
OIC, Bureau of Trademarks
DATE : 28 September 2000
===============================================================================
Pursuant to Rule 605 of the Trademark Regulations, as amended by Office Order No. 08, Series
of 2000 and as further amended by Officer Order No. 39, Series of 2000 to include thereof
Internet Domain Names (Service Marks) as one of those marks that may be afforded priority
examination, the following guidelines are hereby issued:
A. The Application
1. The application must clearly indicate the IDN being sought for registration as
servicemark.
2. The application shall specify the services covered using the following as guide:
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; Travel
arrangement
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 and industrial
research; Computer programming; Services that cannot be
placed in other classes.
3. Item No. "7. Class/es, if known" of the resent standard BOT application form for
mark registration must be clearly filled up with the appropriate Class Number of the
services indicated therein.
B. Priority Examination
1. Applicants who wish to avail of 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
IRR of IPO Fee Structure (IIFS) 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:
(a) Petition for priority examination, under oath
(b) The aforesaid petition 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;
(c) At least a xerox copy of the applicant's file copy of his/its application.
(d) Payment of fee
C. Code Number of IDN Applications
1. As previously mentioned in the August 28, 2000 Memorandum of the Director General
regarding "FILING SYSTEM", number 20 had been assigned as the code number for internet
domain name - service mark applications. Example: 20-2000-43245. This means, an IDN-
service mark application filed in the year 2000 with the assigned serial number 43245.
2. Trademark duty officer, upon satisfying himself/herself that a particular application is
one for an IDN-SERVICEMARK, is hereby instructed to clearly impress upon the subject
application the IDN rubber stamp marking.
FOR IMMEDIATE COMPLIANCE.
(Sgd.) LENY B. RAZ
Assistant Director
OIC, Bureau of Trademarks
Approved:
(Sgd.) EMMA C. FRANCISCO
Director General
document reference # 54 |