What conditions allow non-use of a mark to be legally excused?
Non-use of a mark is only excusable if it is caused by circumstances that arise independently of the trademark owner’s will. Common business difficulties like a lack of funds are explicitly excluded as a valid excuse for non-use. Section 152.1 Intellectual Property Code of the Philippines establishes this strict standard to ensure that owners remain diligent in using their marks. This ensures that the register is not cluttered with idle trademarks that hinder other commercial actors. “SEC. 152. Non-use of a Mark When Excused. – 152.1. Non-use of a mark may be excused if caused by circumstances arising independently of the will of the trademark owner. Lack of funds shall not excuse non-use of a mark.” 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/.
