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Guidelines on Trademark Maintenance: Declaration of Actual Use – Philippines


In order to maintain a trademark registration in the Philippines, a Declaration of Actual Use (“DAU”) of the mark with evidence of use must be filed within the following periods: For Philippine-filed marks:

(a) Within three (3) years from the date of application (“3rd Year DAU”);

(b) Within one (1) year from the 5th anniversary of registration of the mark (“5th Year DAU”); and

(c) Within one (1) year from date of renewal (“Renewal DAU”).

For international registrations designating the Philippines:

(a) Within three (3) years from the international registration date or subsequent designation date (“3rd Year DAU”);

(b) Within one (1) year from the 5th anniversary of date of grant of protection (“5th Year DAU”); and

(c) Within one (1) year from date of WIPO renewal (“Renewal DAU”).

A single extension of six (6) months may be requested to file the 3rd Year DAU. However, the deadline to file the 5th Year and Renewal DAUs is not extendible.

DAU FORMALITIES

The DAU must be in the format prescribed by the IPO and contain the relevant information on the use of the mark. If use is online, the website must be indicated in the DAU.

The DAU must be: (a) signed by the registrant, or company officer (in the case of a juridical entity), or their authorized representative (e.g. BCCS LAW as trademark agent); and (b) notarized.

Evidence of Use

Evidence of actual use of the mark must be submitted along with the DAU. Under the rules, the following constitutes acceptable evidence of use:

For the goods:

1. Photographs of: (a) labels or packaging bearing the mark as actually used on the goods; or (b) stamped or marked container of the goods;

2. Brochures or advertising materials showing actual use of the mark on the goods being sold in the Philippines;

3. Receipts or invoices of sale of the goods bearing the mark in the Philippines; and

4. Downloaded pages from website/s clearly showing that the goods bearing the mark are being sold in the Philippines.

For the services:

1. Photographs of signages bearing the mark of the façade or any area in the establishment where the mark is displayed;

2. Brochures or advertising materials showing actual use of the mark on the services being rendered in the Philippines;

3. Receipts or invoices of sale of services showing use of the mark in the Philippines;

4. Copies of contracts for services showing use of the mark in the Philippines; and

5. Downloaded pages from website/s clearly showing that the services using the mark are being rendered or made available in the Philippines.

Other evidence of similar nature to show that the goods are placed on the market or the services are available in the Philippines may also be considered.

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