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    Superable, Ramona: 120 Amorsolo ST., Legaspi Village, 1200, Makati City, Metro Manila, Philippines

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    kimencina
    The Registrability Report found issues with the trademark application for "SCATUBEX" filed by The Cathay Drug Co., Inc. Specifically, the mark is not registrable because it nearly resembles the previously registered mark "TUBEX" belonging to a different owner, and this resemblance is likely to deceive or cause confusion. The applicant must address this issue cited by the examiner within 2 months to avoid abandonment of the application. The report provided additional information on Declaration of Actual Use requirements.

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    Superable, Ramona: 120 Amorsolo ST., Legaspi Village, 1200, Makati City, Metro Manila, Philippines

    Uploaded by

    kimencina
    178 views2 pages
    The Registrability Report found issues with the trademark application for "SCATUBEX" filed by The Cathay Drug Co., Inc. Specifically, the mark is not registrable because it nearly resembles the previously registered mark "TUBEX" belonging to a different owner, and this resemblance is likely to deceive or cause confusion. The applicant must address this issue cited by the examiner within 2 months to avoid abandonment of the application. The report provided additional information on Declaration of Actual Use requirements.

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    2. Registrability Report 18 Nov 20

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    The Registrability Report found issues with the trademark application for "SCATUBEX" filed by The Cathay Drug Co., Inc. Specifically, the mark is not registrable because it nearly resembles the previously registered mark "TUBEX" belonging to a different owner, and this resemblance is likely to deceive or cause confusion. The applicant must address this issue cited by the examiner within 2 months to avoid abandonment of the application. The report provided additional information on Declaration of Actual Use requirements.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    178 views2 pages

    Superable, Ramona: 120 Amorsolo ST., Legaspi Village, 1200, Makati City, Metro Manila, Philippines

    Uploaded by

    kimencina
    The Registrability Report found issues with the trademark application for "SCATUBEX" filed by The Cathay Drug Co., Inc. Specifically, the mark is not registrable because it nearly resembles the previously registered mark "TUBEX" belonging to a different owner, and this resemblance is likely to deceive or cause confusion. The applicant must address this issue cited by the examiner within 2 months to avoid abandonment of the application. The report provided additional information on Declaration of Actual Use requirements.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES

    BUREAU OF TRADEMARKS
    Intellectual Property Center
    No. 28 Upper McKinley Road,
    McKinley Hill Town Center,
    IPAS AGENT CODE: 58731
    Fort Bonifacio, Taguig City
    Tel. No. (02) 238-6300 IPO BOX NO.
    Website: http://www.ipophil.gov.ph
    DOCUMENT NO. 2020/215633
    Superable, Ramona
    120 Amorsolo St., Legaspi Village, 1200,
    Makati City, Metro Manila, Philippines
    [email protected]

    Application No: 4/2020/00513520 Filing Date: 23 September 2020


    Applicant: The Cathay Drug Co., Inc. [PH]
    Mark: SCATUBEX
    Examiner: MARIE KIM B. GAYOSO
    Supervisor: IRMA VERA P. MORCILLO
    Division: TMED I

    REGISTRABILITY REPORT
    The Registrability Report contains the findings of the Examiner concerning registrability of the mark based
    on the examination of the application in accordance with the IP Code and the Trademarks Regulations. After
    having conducted the prescribed examination of the above-mentioned trademark application, the applicant must
    address the following issues:
    The report affects all the goods and/or services covered by the subject application.
    The mark may not be registered because it nearly resembles a registered mark belonging to a
    different proprietor and the resemblance is likely to deceive or cause confusion. (IP Code, Sec.
    123.1[d][ii]). See list of cited marks.

    All responses or communication should be addressed to: THE DIRECTOR OF TRADEMARKS,


    Intellectual Property Office of the Philippines. 14/F Intellectual Property Center, No. 28 Upper McKinley Road,
    McKinley Hill Town Center, Fort Bonifacio, Taguig City 1634, Philippines. In the response, please indicate the
    Name of the Applicant, Application Number, Filing Date, the Mark and the Name of the Examiner. You may also
    upload your responses and requests in PDF format online thru eDocfile found in the IPOPHL website.
    Pursuant to Rule 610 of the Trademark Regulations, an application may be abandoned either for failure of
    the applicant to respond to the official action of the Examiner or for submission of an incomplete response within
    two (2) months from the mailing date of the official action. The applicant may request an extension of two (2)
    months upon payment of the prescribed fee, within which to comply with the requirements of the official action.
    The request may be made only once and should be filed on or before the last day of filing the required
    response.
    Additional Information:
    The IPOPHL requires the submission of the Declaration of Actual Use (DAU) within three (3) years from
    the filing date of the application; within one (1) year from the fifth anniversary of the date of registration of the
    mark; within one (1) year from the renewal date; and within one (1) year from the fifth anniversary of each
    renewal. The provisions governing the filing of the DAU are contained in the Trademark Regulations of 2017.

    Document No: 2020/215633


    Cited mark(s)

    Registration No. 4/2004/00004459


    Registration Date 4 March 2010
    Registrant IDL BIOTECH AB - BOX 11151, BROMMA, Sweden
    Trademark TUBEX

    Disclaimer NONE
    Translation NONE
    Color claim NONE
    Goods / Services Class 5: TESTS (IN VITRO) FOR USE IN LABORATORIES; AGENTS FOR MEDICAL
    PURPOSES; DIAGNOSTIC TEST KITS FOR TESTING IN LABORATORIES; CHEMICAL
    SUBSTANCES FOR MEDICAL TESTING IN LABORATORIES

    Digitally Signed by IPO Philippines


    17/11/2020
    MARIE KIM B. GAYOSO

    Document No: 2020/215633

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