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TPR Module. User Requirements Validation. ODDG-NL Conference Room November 27, 2008. Agenda. Conceptual Framework Process Flow Prototype Issues and Concerns Development Strategy Prioritization of Functionalities to be developed. Process Flow. Trademark Publication. Trademark Registry.
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TPR Module User Requirements Validation ODDG-NL Conference Room November 27, 2008
Agenda • Conceptual Framework • Process Flow • Prototype • Issues and Concerns • Development Strategy • Prioritization of Functionalities to be developed
Process Flow Trademark Publication Trademark Registry
Issues – Date computation Regular Scenario
Issues – Date computation Irregular Scenario
Issues - DAU • No notification to FILE DAU 6 months before it will be REFUSED. • Phil. First Used Date and Phil First Used Filed date are not REQUIRED FIELDS. FORMAT: mm/dd/yyyy • One time DAU Extension is allowed. 6mos from the deadline of submission. • Automatic Extension when the applicant paid the extension fee.
Issues - Recordal • What if the TM for recordal (with payment) is CANCELLED already? • Is Change of Agent part of RECORDAL? • If not, who is responsible for change of Agent? • Return to Sender Problem
Issues - Cancellation • Causes of Cancellation • Non-payment of Affidavit • Voluntary (when should be the cancellation date?) • With Payment • Awaiting response to Office Action • BLA decision (when should be the cancellation date?) • Non-Compliance to Office Action ( if this is the reason, when should be the cancellation date?)
Period to File Cancellation Date Status 1/21/2006 –1/21/2007 1/22/2007 Cancelled Issues - Cancellation • CASE 1: If Date of Registration – 1/1/2000 UP to present • Automatic Cancellation, no need for Notice • of Cancellation • Will be included in the monthly publication of CANCELLATION ORDER
Period to File Status Date Status 1/21/2006 – 1/21/2007 1/22/2007 Due for Cancellation Issues - Cancellation • CASE 2: If Date of Registration – 12/31/1999 BELOW • Need to prepare and send Notice of Cancellation • If after 30 days, NO RESPONSE, status will be CANCELLED, but when is the CANCELLATION date? • If within 30 days, WITH RESPONSE, status is RENEWAL • If the status is CANCELLED, it will be included in the monthly publication of CANCELLATION ORDER
Issues - Cancellation • NO REVIVAL for Cancelled Mark • However, there is SPECIAL CASE -- “Recommending Exclusion” • Those who have submitted the required DAU/AFU but were not reflected in the system • Those that provided a copy of submission of DAU/AFU that have been filed from year 2004 and below.
Issues – TM Expiration • Do we need to send Notice of Expiration? • Do we need to send Notice that their TM are soon to expire? • Are the EXPIRED TMs need to be published?
Office Action & Mailing Date Period to comply End of Period to Comply Aban-donment Date Reg. Date Abandoned with Finality NAPF 1/1/2006 30 days 2/1/2006 2/2/2006 Notice of Abandonment 2/5/2006 90 days 5/5/2006 5/6/2006 NIPF 1/1/2006 60 days 3/1/2006 3/2/2006 Notice of Abandonment 3/5/2006 90 days 6/5/2006 31st day from the first publication in the e-gazette 6/6/2006 Issues – Abandonment
Issues – Issuance of Certificate • Same time payment of NAPPF and NIPF– 10d after issuance of BLA Certification of NO Opposition • Payment of NAPPF (w/o NIPF) - 15d after payment of NIPF
Development Strategy Planning Signed-off URS per functionality Analysis Approved General Design Design Detailed Design Functionality 1 Detailed Design Functionality 2 Implementation Implementation Functionality 3 Implementation