12/17/2011

REALTOR trademark registration in IPOPHIL may be revoked under RESA Law

FOREIGN RECIPROCITY PROVISION

QUESTION: Sir John, I've read your blog about foreign real estate service practitioners operating in Philippines. You mentioned reciprocity? What is it?

ANSWER: Reciprocity provision is the Section 24 of the Real Estate Service Act (RESA Law of 2009). It says, "FOREIGN RECIPROCITY- No foreign real estate service practitioner shall be admitted to the licensure examination or be given a certificate of registration or a professional identification card, or be entitled to any of the privileges under this Act unless the country of which he/she is a citizen specifically allows Filipino real estate service practitioners to practice within its territorial limits on the same basis as citizens of such foreign country."

Now if you look at the authorization of the products and services of the REALTOR TRADEMARK under the NAR-USA in the Intellectual Property Office Philippines, you will see a lot of real estate service and product permissions that need to be revoked in compliance to RESA Law of 2009. Tingnan mo sa IPO PHIL website para makita mo ikaw mismo. REALTOR NAR-USA, as an organization, cannot operate in Philippines under the RES Law.

Pag magpa-member kayo ng REALTOR, nag-bayad kayo sa CREBA, masasayang lang yan, hindi pa naman yan refundable.

If NAR will insist on their operations in Philippines, they have to first produce a Legislation from the US Congress that allows Filipino Citizens to operate real estate services in USA para maka-comply sila sa Section 24 ng RESA Law.




The NAR-USA Registered REALTOR in IPO Philippines in 2007 to do be able to operate the following information, products and services:

REALTOR R LOGO ( A COLLECTIVE MARK)
42007005940
06/08/2007
R.A. 8293 (10 years counted from Registration Date)
REGISTERED - ( 11/05/2007 )
THE MARK CONSISTS OF THE STYLIZED LETTER "R" WITHIN A SQUARE DESIGN,
BENEATH WHICH APPEARS THE WORD "REALTOR".

NATIONAL ASSOCIATION OF REALTORS
US / ILLINOIS, U.S.A.
430 NORTH MICHIGAN AVENUE, CHICAGO, ILLINOIS 60611-4087, U.S.A.
26.4.12 Quadrilaterals containing one or more other geometrical figures
27.5.1 Letters presenting a special form of writing
27.5.21 One letter


REAL ESTATE SERVICES, INCLUDING BROKERAGE, MANAGEMENT, APPRAISAL, SALE AND RENTAL OF REAL ESTATE, AND ADVISORY AND CONSULTING SERVICES RELATING TO REAL ESTATE; PROVISION OF INFORMATION RELATING TO REAL ESTATE; LAND USE CONSULTING SERVICES; DISSEMINATION OF NEWS, ANALYSIS, FEATURES AND INFORMATION RELATING TO REAL ESTATE; PROVISION OF DATA RELATING TO SALES OF HOMES AND OTHER REAL ESTATE; RENTAL AND SALE OF REAL ESTATE; PROVISION OF DATA RELATING TO SALES OF HOMES AND OTHER REAL ESTATE; RENTAL AND SALE OF INTERVAL OWNERSHIP PROPERTIES; REAL ESTATE MANAGEMENT SERVICES; PROVISION OF ORGANIZATIONAL, REGULATORY, INFORMATIONAL AND SUPPORT SERVICES TO REAL ESTATE BROKERS; SERVICES RELATING TO MEMBERSHIP IN AN ORGANIZATION OF THE REAL ESTATE INDUSTRY; FINANCIAL AFFAIRS SERVICES, AND ADVISORY AND CONSULTING SERVICES RELATING THERETO; MONETARY AFFAIRS SERVICES, AND ADVISORY AND CONSULTING SERVICES RELATING THERETO; MORTGAGE BROKERAGE SERVICES; PROVISION OF FINANCIAL AND INSURANCE INFORMATION; INSURANCE SERVICES, AND ADVISORY AND CONSULTING SERVICES RELATING THERETO; PROVISION OF THE AFORESAID SERVICES OVER THE INTERNET OR THROUGH A COMPUTER NETWORK OR OTHER COMMUNICATIONS NETWORK
--
PROVIDING AND LEASING ACCESS TIME TO A COMPUTER DATA BASE IN THE FIELD OF THE REAL ESTATE INDUSTRY; PROVIDING AN ON-LINE INTERACTIVE COMPUTER DATA BASE IN THE FIELD OF REAL ESTATE INFORMATION; PROVISION OF INFORMATION (NOT INCLUDED IN OTHER CLASSES) PROVIDED ONLINE FROM A COMPUTER DATA BASE BY MEANS OF WEB PAGES ON THE INTERNET OR VIA COMPUTER NETWORK, OTHER COMMUNICATION NETWORK, RELATING TO REAL ESTATE; SOFTWARE DESIGN SERVICES, RELATING TO REAL ESTATE; TECHNICAL STUDIES AND RESEARCH SERVICES, RELATING TO REAL ESTATE; ASSOCIATION SERVICES, INCLUDING REAL ESTATE TRADE ASSOCIATION SERVICES AND SERVICES PROMOTING THE INTERESTS OF REAL ESTATE AGENTS, BROKERS AND PROFESSIONALS, AND SERVICES RELATING TO MEMBERSHIP IN AN ASSOCIATION OF THE REAL ESTATE INDUSTRY; LAND SURVEY SERVICES; LEGAL SERVICES RELATING TO MEMBERSHIP IN AN ORGANIZATION OF THE REAL ESTATE INDUSTRY.



3 comments:

vickya said...

Very good interest to read. By Regards Wholesale Printing And Brochure Printing Services

Mac said...

If other country allows Filipinos to practice real estate brokerage then they are also allowed to do so in the Philippine country.





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JOHN ODONNELL R. PETALCORIN said...

Two conditions has to be met in order to allow foreigners to practice real estate service in Philippines: (1) the country of the foreigner allows Filipinos to practice real estate servise in their country, and (2) there are no available Filipino real estate service practitioner who can deliver the same service that is demanded by a client/customer in the Philippines.