September 06, 2017

Philippines: new deadline to file a Declaration of Actual Use

As of August, 1st, 2017, the Intellectual Property Office of the Philippines (IPOPHL) has issued new rules and regulations introducing a new deadline to file a Declaration of Actual Use (DAU) for registered trademarks.

The submission of a DAU to IPOPHL is an essential requirement for the registration and maintenance of a trademark in the Philippines.

Formerly, applicants and registrants filed a DAU at the following periods:

  • within three years of the filing date;
  • within one year of the fifth anniversary of the registration;
  • within one year from the fifth anniversary of each renewal.

Under the new rules, an additional term to submit the DAU applies to all registered trademarks due for renewal on January 1st, 2017 and hereafter, irrespectively of the filing date of the request for renewal:

  • within one year from the date of renewal.

Failure to provide the DAUs at the listed periods could result in refusal of registration or removal of the registered trademark from the Register.

The DAU must refer to only one application or registration and must contain the following:

  • applicant’s or registrant’s name and address;
  • declaration that the trademark is in actual use in the Philippines;
  • list of goods and/ or services for which the mark is used;
  • name(s) of the establishment(s) and address(es) where the products are being sold or where the services are being rendered. In case the goods/services are available only by online purchase, the website must be indicated on the form instead of the name or address of the establishment.

If you are interested in registration or renewal of your trademark in the Philippines or any other jurisdiction, do not hesitate to get a quote in our quotation system. We also welcome you to visit our applicant’s guide for more information on patent, trademark or design protection worldwide. 

Author: Thomas Donaghy