What if your application designated to the Philippines through Madrid is rejected?
Reply to Provisional Refusal
If you receive a provisional refusal in the form of an Office Action (OA), you need to reply to OA within 2 months in aspect of the refusal grounds provided by the examiners. This period can be extended by 2 months with extra cost. If you do not respond to the refusal by the deadline, your trademark application may be invalid.
If you wish to submit a reply through PSIP, we need the following documents:
- The original copy of the trademark provisional refusal notice;
- Power of Attorney.
Review on a final refusal
If you receive a final refusal notice, you can file a Notice of Review with the Director of Bureau of Trademarks for reviewing the case within 2 months. This period can be extended by 2 months with extra fees. If you do not file the review, the final rejection notice will become effective.
If you wish to submit a review of refusal application through PSIP, we need the following documents:
- The original copy of the trademark final refusal notice;
- Power of Attorney.
The trademark applications designated to the Philippines through Madrid also require the submission of DAU with evidence to that effect. If not submitted on time, the registration of the trademark in the Philippines will be invalid.
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!