Which bodies have the jurisdiction to hear actions regarding mark cancellation?
Jurisdiction for mark cancellation is shared between the Bureau of Legal Affairs and courts or administrative agencies handling enforcement actions. If a suit to enforce a registered mark is filed first, that specific court or agency gains exclusive jurisdiction over any subsequent cancellation petitions for that mark. Section 151.2 Intellectual Property Code of the Philippines clarifies that filing a cancellation petition first does not stop an enforcement action from proceeding. This structure prevents legal delays and ensures that infringement and validity can be addressed concurrently,. “151.2. Notwithstanding the foregoing provisions, the court or the administrative agency vested with jurisdiction to hear and adjudicate any action to enforce the rights to a registered mark shall likewise exercise jurisdiction to determine whether the registration of said mark may be cancelled in accordance with this Act.” 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/.
