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H 11
IPOPHL MEMORANDUM CIRCULAR NO'. - 0Q
SUBJECT: ESTABLISHING THE TRADEMARK (TM) REGISTRATION
INCENTIVE PACKAGE, ALSO KNOWN AS THE
"JUANA MAKE A MARK" AND FOR OTHER PURPOSES

WHEREAS, Republic Act No. 8293, otherwise known as the Intellectual

Property Code (IP Code) provides that the State recognizes that an effective
intellectual and industrial property system is vital to the development of domestic
and creative activity, facilitates transfer of technology, attracts foreign investments,
and ensures market access for our products;

WHEREAS, RA No. 6977, otherwise known as the Magna Carta for Small
Enterprises, mandates the promotion and development of small and medium
scale enterprises (SMEs), and encourages the coordination of efforts of
government offices to provide the necessary support and assistance to SMEs;

WHEREAS, RA No. 9710, otherwise known as the Magna Carta of

Women, specifically states that the State shall take measures to encourage
women leadership in the private sector in the form of incentives, as measure to
empower women and promote substantial gender equality;

WHEREAS, RA No. 10644, or the Go Negosyo Act, encourages the

establishment of micro, small and medium enterprises (MSMEs) that facilitates
local job creation, production and trade in the country;

WHEREAS, the development of MSMEs pursuant to the national

economic agenda may be enhanced and facilitated through the Intellectual
Property (IP) system that fosters creativity, innovation, and enhances
competitiveness in business;

NOW THEREFORE, IPOPHL hereby establishes the Trademark (TM)

Registration Incentive Package, also known as "Juana Make A Mark", under
the terms and conditions herein prescribed. It is hereby directed THAT-

Section 1. Waiver of Fees as Incentive Package

IPOPHL, under the incentive package "Juana Make A Mark", shall

waive in favor of One Thousand (1,000) qualified MSMEs the following
fees :

a . Basic Filing Fee for one class of Goods or Services

b. Claim of Color Fee for one class of Goods or Services
c. Publication for Opposition Fee

All other fees shall be paid for by the applicant.

Republic of the Phlllppines

INTELLECTUAL PROPERTY OFFICE

Intellectual Property Center # 28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio,

Taguig City 1634 Philippines ewww.ipophil.qov.ph

T: +632-2386300 e F: +632-5539480 email@ipophil.qov.ph

Section 2. Eligibility Criteria

MSMEs:
1. engaged in business activity lies considered as priority sectors
by DTI or by IPOPHL
2. whose business is located in areas prone to natural disaster or
facing social or economic challenges.
3. with Business Names registered by DTI
4. with at most two (2) unregistered marks used on goods and
services
5. with no more than five (5) employees
6. which are women-led enterprise
7. engaged in business for at least one (1) year or with limited
financial capability or other similar conditions indicating
inadequate financial capacity

Section 3. Effectivity Period

The TM Registration Incentive Package (Juana Make A Mark) may

be availed of by qualified MSMES from February 14, 2017 up to
February 14, 2018 or until the 1000th TM application has been filed.
Thus, only those applications filed within said period may avail of the
incentive package.

Section 4. General Conditions

1. The TM Applicants shall submit a Request for Waiver of Fees

(Annex A) which shall be evaluated by IPOPHL pursuant to the
Eligibility Criteria (Annex B).
2. The applicant shall use the mark within six (6) months from
the Filing Date.
3. The TM Incentive Package is a one-time privilege and the
applicant who fails to use the mark within six months shall
disqualify him to avail of the Fee Waiver for subsequent
applicants.

Section 5. Trademark Search and Preparation of TM Applications

The IPSOs shall assist applicant in conducting trademark search

and in the completion of the TM Application Form

Section 6. Trademark Registration

1. All applications shall be subject to substantive examination in

the Bureau of Trademarks
2. All Trademarks Registration under the TM Incentive Package
shall be in accordance with the IP Code and the trademark
regulations.

2
Section 7. Project Monitoring

The IP Satellite Offices (IPSOs) shall submit a monthly report of all

applications filed under the TM Incentive Package to the Office of the
Director General.

DONE this (lL day of February 2017.

JOSEPH~:r::L.M.
Director General

3
 17 - 00 1 . ' \1
Annex A

l~
Document No.
Intellectual Property Office of the Philippines

BUREAU OF TRADEMARKS Rev. No.

TRADEMARK REGISTRATION INCENTIVE PACKAGE Issued by: Date:
TI
,C L
REQUEST FOR WAIVER OF FEES BOT
lEAl
(Prescribed Form)
Applicant respectfully requests for the waiver of prescribed trademark fees under the Trademark Registration Incentive Program
(Juana Make a Mark) :
1) Basic Filing Fee; 2) Cla im of Color; 3) Publication for Opposition Fee

I. BASIC INFORMATION (TO BEACCOMPLISHED BY THEAPPLICANT)

Name of Applicant
Address

Email Address: I Telephone No.:

TRADEMARK DETAILS
Title of Mark: Image : Goods or Services (Class_):

UNDERTAKING
I attest that (kindly check where applicable)

D I conform/agree to be bound by the Guidelines/Terms and Conditions of the Trademarks Incentive Package
("Juana Make a Mark").
D I am engaged in business octivity/ies considered as priority seetor(s) by OTIor by IPOPHL
D I am engaged in business located in geographic areas prone to natural disasters or facing economic or
social challenges;
D I have registered my business name with OTt;
D I am using at most two (2) unregistered Trademarks on goods or services;
D I have five (5) employees or less;
D I am engaged in business for at least one (1) year (or operating business with limited financial capability or
other similar conditions indicating inadequate financial capacity)
D I undertake to use the mark within six (6) months from date offiling of application
D Should I fail to use the mark within six months from date of application, I shall be disqualified to avail of
the Fee Waiver for subsequent applications.
D The trademark I am applying for does not infringe other trademarks

SIGNATURE OF APPLICANT DATE

II. (TO BEACCOMPLISHED BY IPOPHL)
ACTION TAKEN
Recommending Approval: Noted by:

IPOPHL Officer Date: Supervisor/Head of IP Field Operations Date:

 GUIDELINES AND TERMS AND CONDITIONS FOR THE AVAILMENT OF

TRADEMARK REGISTRATION INCENTIVE PACKAGE FOR MSMEs

("JUANA MAKE A MARK")

1. Fees Waived

The TM Registration Incentive Package covers the waiver of the following:

a) Basic Filing Fee for one class of Goods or Services (basic)

b) Claim of Color for one class of Goods or Services; and

c) Publication for Opposition Fees

All other fees shall be paid for by the applicant

2. Effectivity Period

The TM Registration Incentive Package may be availed of by qualified MSMES from February
14, 2017 up to February 14, 2018. Only those applications filed within said period may avail of
the incentive package.

3. Application, Where to Submit

The TM Applicant shall submit a Request for Waiver of Fees (Annex A) which shall be evaluated
by DTI pursuant to the eligibility criteria (Annex B).

4. Immediate Use of Trademark; Consequence of Failure to Use within Prescribed Period

a) The applicant shall use the mark within six (6) months from filing date.
b) The TM Registration Incentive Package is a one-time privilege. Failure to use the mark
within six (6) months from filing date shall be a ground for disqualification to avail of the
Fee Waiver for subsequent application/so

5. Applications not automatic guarantee of trademark registration

a) Filing under the TM Incentive Package is not an automatic guarantee that the mark shall
be registered.
b) All applications shall still be subject to substantive examination in the Bureau of
Trademarks.
c) All trademark registrations under the TM Registration Incentive Package (Juana Make A
Mark) shall be in accordance with the IP Code and the Trademark Regulations.

The IPOPHL reserves the right to refuse any application should applicant commit fraud or
misrepresentation in relation thereto and should the applicant be otherwise found ineligible.
 -0
Annex B

,I'ln~L
Document No .
Intellectual Property Office of the Philippines

BUREAU OF TRADEMARKS Rev. No.

TRADEMARK REGISTRATION INCENTIVE PACKAGE Issued by: Date:
"'l~~iIIiI
f
'.H
••
lJ l B
SCORE SHEET BOT
(Prescribed Form)

Application Details:

Name of Applicant ,

I. ELIGIBILITY (TO BEACCOMPLISHED BY ENDORSING OFFICIAL)

POINTS
ELIGIBILITY CRITERIA Explanation
Weight Score
l. Engaged in business activity/ies 30 DTI priority sectors include agri-business: food and
considered as priority sector{s) by DTI or resource-based processing, electronic manufacturing
by IPOPHL services and semi-conductor manufacturing services,
automotive and auto parts, aerospace parts; chemicals;
shipbuilding (RORO as well as small and medium-sized
vessels); design-oriented furniture and garments, tool
and die, IT and Business Process Management,
transport and logistics, tourism; and construction

2. Engaged in business located in geographic
areas prone to natural disasters or facing
economic or social challenges;
10 Priority may be given to MSMEs situated in areas prone
to natural disasters or facing social or economic
challenges (e.g. calamity stricken/depressed areas or
low-income communities with low IP filings but with
high potential for growths

3. With business name registered with DTI 15 BN registration is an indication of interest to pursue
business as a going concern, i.e., to continue operating
for a period of time that is sufficient to carry out its
commitments, obligations, objectives, etc.

4. At most two (2) unregistered Trademarks 10 To mainstream TM in the value chain

are used on goods or services;

S. With five (s) employees or less; 10 To help MSMEs with limited financial capacity but with
potential to generate employment

6. Women-led enterprise{GAD) 15 GAD compliance

7. Engaged in business for at least one (l) 10 Priority may be given to MSMEs whose main source of
year or with limited financial capability or income is from the sale of goods or service onwh ich the
other similar conditions indicating mark is used

inadequate financial capacity

TOTAL
100 PASSING SCORE: 60%
REMARKS

Evaluated and Endorsed by:

Position and Office Date