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According to the Philippines Trademark Law, the holder of trademark is required to notarize the DECLARATION OF ACTUAL USE (DAU) in the prescribed form within a specified period of time, along with evidence(s) of actual use of the trademark.
The Philippine IP Office (IPO) shall not issue any notice, and it is completely submitted by the applicant, so an agent must be entrusted to monitor the deadlines of the DAU. If the holder of the trademark fails to file the DAU in due time, the trademark shall be directly cancelled by the IPO, resulting in the trademark is completely invalid. If the holder still wants to own the trademark again,refiling is the only way to regain the exclusive right to the trademark. However, if there is an earlier similar application by then, it is likely to lose the trademark.
A trademark registration is in force for 10 years in the the Philippines but, to maintain it, the DAU of the mark, with accompanying evidence of its use, must be filed with the Intellectual Property Office of the Philippines according to the following schedule:
1. DAU must be filed within three (3) years from the filing date of the trademark application; A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees
2. DAU must be filed within one (1) year from the fifth anniversary of the registration / within one (1) year from the fifth anniversary of the renewal of registration. A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees
3. DAU must be filed within one (1) year from the date of renewal of registration
Note:
The holder of an international registration with an extension of protection to the Philippines under the Madrid Protocol must timely file the DAU referenced above directly with the Philippines IP Office, within 3 years from the filing date and between the 5th and 6th years after the registration date.