Maintaining Trademark Registration in the Philippines
Having your trademark registered is one of the most important things that you need to do in your business. However, the buck does not stop here. Although a trademark registration is good for ten (10) years, you need to maintain it in order to keep the registration alive. Otherwise, your trademark will be abandoned and removed from the registry of trademarks. Here are the two (2) simple steps to maintain your trademark.
You must file a Declaration of Actual Use (“DAU”) as well as documents evidencing proof of use visibly and legibly showing the mark with the Philippine Intellectual Property Office (IPO) at #28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio, Taguig City. In the DAU Form, you must specify the name and address of the outlets where the goods are sold and/or the services are rendered. Filing fee is P910.00 for 1 class (P1,940 if you are a big entity). After around 1 to 3 months, you will either receive an Office Action on your DAU or DAU Acceptance from the IPO.
Within one (1) year from the fifth (5th) anniversary of your trademark’s registration date, you must again file a DAU as well as documents evidencing proof of use visibly and legibly showing the mark with the IPO. Filing fee is P1,111 for 1 class (P2,424 if you are a big entity). After around 1 to 3 months, you will either receive an Office Action on your DAU or DAU Acceptance from the IPO.
That’s how to maintain your trademark in 2 easy steps. The deadlines are very important and you must certainly keep track of them. If you do not want the hassle of monitoring the deadlines, you can appoint a trademark agent to do this for you.
About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected].