On 22 November 2017, the Intellectual Property Office of the Philippines (“IPO”), through the Director of the Bureau of Trademarks, Director Leny B. Raz, issued an advisory on the filing period for the Declaration of Actual Use (“DAU”).
In the said advisory, the IPO summarized all relevant periods in relation to the filing of the DAU as follows:
|3rd Year||1. Rule 204 (a) of the Trademark Regulations of 2017, within 3 years from the date of filing; or||1. Simultaneously with the application; or|
|2. As a stand-alone document.|
|2. Rule 205, within 6 months from the expiration of the 3-year period.||As a stand-alone document provided the request for extension had been filed within the 3-year period.|
|5th Year||Rule 204 (b), within one (1) year from the 5thanniversary of the registration||As a stand-alone document|
|Renewal||Rule 204 (c), within one (1) year from the date of renewal registration.||1. Simultaneously with the Request for Renewal within six (6) months after the expiration of the registration;|
|2. As a stand-alone document;|
|Simultaneously with the Request for Renewal within six (6) monthson or beforethe expiration of the registration.|
|5th Year||Rule 204 (d), within one (1) year from the 5thanniversary of each renewal.||As a stand-alone document.|
Failure to file the DAU shall result in the refusal of the application or the removal of the Trademark from the Registry, as the case may be.