What is the effect of an earlier filed petition to cancel a mark on a subsequent enforcement action?
Filing a petition to cancel a mark with the Bureau of Legal Affairs does not constitute a “prejudicial question” for an enforcement action. This means that a court hearing an infringement case does not have to wait for the cancellation petition to be resolved before deciding. Section 151.2 Intellectual Property Code of the Philippines allows both legal tracks to proceed independently to avoid unnecessary delays. This ensures that mark owners can still seek immediate relief against alleged infringers,. “the earlier filing of petition to cancel the mark with the Bureau of Legal Affairs shall not constitute a prejudicial question that must be resolved before an action to enforce” January 7, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
