What are the consequences if a registered owner fails to use their mark in the Philippines?
A mark can face cancellation if the registered owner fails to use it within the Philippines without a legitimate reason. This period of non-use must be uninterrupted for at least three years for the rule to apply. Under Section 151.1 Intellectual Property Code of the Philippines, the failure can also apply if the owner does not authorize a licensee to use the mark. The law encourages active use of intellectual property within the local economy to maintain its validity. “(c) At any time, if the registered owner of the mark without legitimate reason fails to use the mark within the Philippines, or to cause it to be used in the Philippines by virtue of a license during an uninterrupted period of three (3) years or longer.” January 7, 2026About 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]. Visit our website https://ndvlaw.com/.
