Amending R.A. No. 166 Re: Registrable Trade-marks, Trade-names and Service Marks

June 16, 1953

REPUBLIC ACT NO. 865

AN ACT TO AMEND SECTIONS TWO, THIRTY-THREE AND THIRTY-NINE OF REPUBLIC ACT NUMBERED ONE HUNDRED AND SIXTY-SIX

SECTION 1. Section two of Republic Act Numbered One hundred and sixty-six is hereby amended so as to read as follows: acd

"Sec. 2. What are registrable. — Trade-marks, trade names, and service marks owned by persons, corporations, partnerships or associations domiciled in the Philippines and by persons, corporations, partnerships or associations domiciled in any foreign country may be registered in accordance with the provisions of this Act: Provided, That said trade-marks, trade names, or service marks are actually in use in commerce and services not less than two months in the Philippines before the time the applications for registration are filed: And provided, further, That the country of which the applicant for registration is a citizen grants by law substantially similar privileges to citizens of the Philippines, and such fact is officially certified, with a certified true copy of the foreign law translated into the English language, by the government of the foreign country to the Government of the Republic of the Philippines."

SECTION 2. Section thirty-three of Republic Act Numbered One hundred and sixty-six is hereby amended so as to read as follows:

"Sec. 33. Appeal from action of Director. — Any party who has been denied registration of a mark or trade name or to the renewal of the registration, or to any interference, opposition or cancellation proceeding in the Patent Office, may appeal to the Supreme Court from the final order or decision of the Director."

SECTION 3. The first and thirteenth paragraphs of section thirty-nine of Republic Act Numbered One hundred and sixty-six are hereby amended so as to read as follows:

"For filing application for registration covering not more than one class of goods, one hundred and fifty pesos: Provided, That, if more than one class of goods is included in a single application, a charge of fifty pesos shall be collected for each additional class in excess of one: And provided, further, That all necessary expenses for publication, if any, may be charged to this fee; acd

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"For notice of appeal to the Supreme Court from orders or decisions of the Director or for notice of appeal to the Director from orders or decisions of the principal examiner, twenty five pesos."

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SECTION 4. This Act shall take effect upon its approval.

Approved: June 16, 1953

Published in the Official Gazette, Vol. 49, No. 6, p. 2141 in June 1953