The Philippine Intellectual Property Office (“IPOPHL”) issued on 07 July 2017 Memorandum Circular No. 17-010 (“IPOPHL MC No. 17-010”; Subject: Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers of 2017) which provides for a new period within which trademark applicants or registrants must file a Declaration of Actual Use (“DAU”) for their marks.
Previously, an applicant or registrant was required to file a DAU during the following periods:
- Within three (3) years from the filing of the trademark application;
- Within one (1) year from the fifth (5th) anniversary of the registration of the mark; and
- Within one (1) year from the fifth (5th) anniversary of each renewal.
Rule 204 of IPOPHL MC No. 17-010 now requires an additional deadline to file the DAU for renewed registrations: within one (1) year from the date of renewal of the registration. This new requirement only applies for registered marks due for renewal on 01 January 2017 and onwards, regardless of the filing date of the Request for Renewal.
The submission of the DAU within one (1) year from the date of renewal is required for purposes of maintenance of the registration.
IPOPHL MC No. 17-010 took effect on 01 August 2017.