Practice question
An applicant submits a sworn claim that its mark is famous but no supporting reputation evidence. It argues that the Rule 6 ex parte process prevents the examiner from requesting additional documents. Resolve.
- Ex parte means all assertions must be accepted without evaluation.
- Only an opposing party may ever present evidence.
- The application automatically creates conclusive worldwide status.
- The examiner may require additional supporting documents to establish well-known status.
- The examiner must treat every unsupported claim as a patent.
Legal references
- RA 8293, Intellectual Property Code, Sections 61-66, 121-124, 144-146, 165 and 167: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- IPOPHL Memorandum Circular 2025-009, February 5, 2025, effective April 28, 2025, Rules 3-6 and 13-19 (official IPOPHL-linked signed PDF): https://drive.google.com/file/d/17AqKDp1HLRlxOGX_rCJP-4BQYhXTpktS/view
- IPOPHL official Well-Known Marks rules and guidance: https://www.ipophil.gov.ph/well-known-marks/
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