Comprehensive Overview of Conference Agenda on Trademark Regulations and Development Strategy
This document outlines the agenda for the conference held on November 27, 2008, focusing on essential trademark regulations and development strategies. Key topics include the conceptual framework, process flow, and prototype development, as well as critical issues related to date computation scenarios, cancellation processes, and abandonment notices. The agenda also covers the prioritization of functionalities, development strategies, and compliance with filing dates. Insights into trademark publication, automatic extensions, and non-compliance issues are also discussed, providing a comprehensive guide for stakeholders in trademark management.
Comprehensive Overview of Conference Agenda on Trademark Regulations and Development Strategy
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Presentation Transcript
TPR Module User Requirements Validation ODDG-NL Conference Room November 27, 2008
Agenda • Conceptual Framework • Process Flow • Prototype • Issues and Concerns • Development Strategy • Prioritization of Functionalities to be developed
Process Flow Trademark Publication Trademark Registry
Issues – Date computation Regular Scenario
Issues – Date computation Irregular Scenario
Issues - DAU • No notification to FILE DAU 6 months before it will be REFUSED. • Phil. First Used Date and Phil First Used Filed date are not REQUIRED FIELDS. FORMAT: mm/dd/yyyy • One time DAU Extension is allowed. 6mos from the deadline of submission. • Automatic Extension when the applicant paid the extension fee.
Issues - Recordal • What if the TM for recordal (with payment) is CANCELLED already? • Is Change of Agent part of RECORDAL? • If not, who is responsible for change of Agent? • Return to Sender Problem
Issues - Cancellation • Causes of Cancellation • Non-payment of Affidavit • Voluntary (when should be the cancellation date?) • With Payment • Awaiting response to Office Action • BLA decision (when should be the cancellation date?) • Non-Compliance to Office Action ( if this is the reason, when should be the cancellation date?)
Period to File Cancellation Date Status 1/21/2006 –1/21/2007 1/22/2007 Cancelled Issues - Cancellation • CASE 1: If Date of Registration – 1/1/2000 UP to present • Automatic Cancellation, no need for Notice • of Cancellation • Will be included in the monthly publication of CANCELLATION ORDER
Period to File Status Date Status 1/21/2006 – 1/21/2007 1/22/2007 Due for Cancellation Issues - Cancellation • CASE 2: If Date of Registration – 12/31/1999 BELOW • Need to prepare and send Notice of Cancellation • If after 30 days, NO RESPONSE, status will be CANCELLED, but when is the CANCELLATION date? • If within 30 days, WITH RESPONSE, status is RENEWAL • If the status is CANCELLED, it will be included in the monthly publication of CANCELLATION ORDER
Issues - Cancellation • NO REVIVAL for Cancelled Mark • However, there is SPECIAL CASE -- “Recommending Exclusion” • Those who have submitted the required DAU/AFU but were not reflected in the system • Those that provided a copy of submission of DAU/AFU that have been filed from year 2004 and below.
Issues – TM Expiration • Do we need to send Notice of Expiration? • Do we need to send Notice that their TM are soon to expire? • Are the EXPIRED TMs need to be published?
Office Action & Mailing Date Period to comply End of Period to Comply Aban-donment Date Reg. Date Abandoned with Finality NAPF 1/1/2006 30 days 2/1/2006 2/2/2006 Notice of Abandonment 2/5/2006 90 days 5/5/2006 5/6/2006 NIPF 1/1/2006 60 days 3/1/2006 3/2/2006 Notice of Abandonment 3/5/2006 90 days 6/5/2006 31st day from the first publication in the e-gazette 6/6/2006 Issues – Abandonment
Issues – Issuance of Certificate • Same time payment of NAPPF and NIPF– 10d after issuance of BLA Certification of NO Opposition • Payment of NAPPF (w/o NIPF) - 15d after payment of NIPF
Development Strategy Planning Signed-off URS per functionality Analysis Approved General Design Design Detailed Design Functionality 1 Detailed Design Functionality 2 Implementation Implementation Functionality 3 Implementation