The Intellectual Property Office of the Philippines now requires Declarations of Actual Use for Renewals of Trademark Registrations within 1 year from the Renewal Date. This new requirement only applies to registered marks whose renewal dates fall on 2017 onwards, even if the request for renewal is filed earlier. This is based on:
IPOPHL MEMORANDUM CIRCULAR NO. 17 – 0 10
Subject: RULES AND REGULATIONS ON TRADEMARKS, SERVICE MARKS, TRADE NAMES AND MARKED OR STAMPED CONTAINERS OF 2017
“RULE 204. Period to File Declaration of Actual Use. – The Office will not require any proof of use in commerce upon filing of an application. All applicants or registrants shall file a Declaration of Actual Use (DAU) of the mark with evidence to that effect and upon payment of the prescribed fee on the following periods:
(a) Within three (3) years from the filing date of the application;
(b) Within one (1) year from the fifth anniversary of the registration;
(c) Within one (1) year from date of renewal;
(d) Within one (1) year from the fifth anniversary of each renewal;
Otherwise, the application shall be refused registration or the registered mark shall be removed from the Register by the Director.
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RULE 206. Renewal DAU. – For registered marks due for renewal on 01 January 2017 onwards, regardless of the filing date of the Request for Renewal, submission of DAU referred to in Rule 204 (c) is required for purposes of registration maintenance.”
Should you require further clarification, please contact [email protected] for more information.
