According to Rule 204 of Rules and Regulations on Trademarks, Service Marks, Trade names, and Marked or Stamped Containers, all applicants or registrants of Philippine trademarks shall file a Declaration of Actual Use (DAU) of the mark in the Philippines with evidence to that effect on their own on the following periods:
- Within 3 years from the filing date of the application, you may apply for an extension of 1 time for 6 months;
- Within 1 year from the fifth anniversary of the registration;
- Within 1 year from date of renewal;
- Within 1 year from the fifth anniversary of each renewal.
Reminder: The Philippines Intellectual Property Office will not issue any notification requiring the submission of DAU. All applicants shall file a DAU for the concerned mark with evidence to that effect on their own!
PSIP can assist in monitoring the periods of DAU submission and filing DAUs in the Philippines. You need to provide the following documents:
- Trademark information;
- Representative's name and position (for signature);
- Signed Power of Attorney；
- Proof of actual use of the mark.
According to Rule 210 of Rules and Regulations on Trademarks, Service Marks, Trade names, and Marked or Stamped Containers, the following shall be accepted as proof of actual use of the mark:
- labels of the mark as these are used;
- downloaded pages from the website clearly showing that the goods are being sold or the services are being rendered in the Philippines;
- photographs (including digital photographs printed on ordinary paper) of goods bearing marks as these are actually used or of the stamped or marked container of goods and of the establishment/s where the services are being rendered;
- brochures or advising materials showing the actual use of the mark on the goods being sold or services being rendered in the Philippines;
- receipts or invoices of sale of the goods or services rendered or other similar evidence of use, showing that the goods are placed on the market or the services are available in the Philippines;
- copies of contracts for services showing the use of the mark;
- the name and address of the company selling goods or rendering services in the Philippines.
PSIP provides DAU submission service for trademarks in the Philippines with a reasonable quote!