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INSPI_CHIC_SUBSEQUENT_ACTION_031324
INSPI_CHIC_SUBSEQUENT_ACTION_031324
BUREAU OF TRADEMARKS
Intellectual Property Center
IPAS AGENT
No. 28 Upper McKinley Road,
McKinley Hill Town Center, CODE: 60741
Fort Bonifacio, Taguig City
Tel. No. (02) 7238-6300 IPO BOX NO.
Website: http://www.ipophil.gov.ph
DOCUMENT NO. 2024/35226
Barrientos, Charles
134 TCC Tower, Speaker Perez St., Quezon
City, Metro Manila, Philippines
charles@inspi.com.ph
SUBSEQUENT ACTION
Response filed on is hereby acknowledged. Amendments have been entered and made of record.
Nevertheless, after re-examination of the above-mentioned trademark application, the following has to be
complied with by the applicant:
The amendment provided by the applicant in the response filed on January 29, 2024 requesting to
substitute the goods under Class 25 to goods under Class 40 (i.e., T-shirt embroidering services,
imprinting messages on t-shirts, and custom imprinting of t-shirts with decorative designs) to avoid
confusion with the cited mark with goods under Class 25 is not acceptable as the said amendment entails
a significant change for the entirety of the subject mark. Please be informed that an amendment may be
permitted if revising the mark will not materially alter the nature of the originally filed trademark. However,
if the applicant wishes to substantially change the mark such as in the current case, any further requests
are not acceptable pursuant to Rule 617 of the Trademark Regulations. It should be noted that any
substantial changes for subject mark will be subject for a new application.
To address the objection on the registrability of the mark due to confusing similarity, the examiner
suggests that the applicant should delete the goods under Class 25 from the subject application.
If the applicant fails to file a response, the suggestion of the examiner to delete the goods under
Class 25 will be reflected in the registration of the mark.
Cited mark(s)
Disclaimer NONE
Translation NONE
Color claim NONE
Goods / Services Class 25: CLOTHING, NAMELY, SHIRTS, T-SHIRTS, UNDERSHIRTS, SANDOS, LONG
SLEEVES, COATS, JACKETS, SWEATERS, SWEATSHIRTS, PANT, SLACKS, JEANS,
SHORTS, SPORT SHORTS, JOGGING PANTS, BRIEFS, SWIMMING TRUNKS,
BATHING SUITS, DRESSES, SKIRTS, BLOUSES, BLAZERS, SHAWL, SCARVES,
CARDIGANS, BRASSIERES, PANTIES, HALF SLIPS, UNDER WEARS, PAJAMAS,
BELTS, SOCKS, NECKTIES; WRISTBANDS, SLEEPWEAR, PAJAMAS; FOOTWEAR,
NAMELY, SHOES, SLIPPERS, BOOTS, SANDALS, BOAT SHOES; HEADGEAR,
NAMELY, HATS, CAPS AND VISORS.