The Philippines is poised to refine its rules surrounding trademark protection, seeking public input on proposed guidelines for demonstrating genuine commercial use of registered marks.
These new guidelines center around a crucial document: the Declaration of Actual Use (DAU). This declaration isn’t a one-time event, but a series of confirmations required throughout a trademark’s lifespan, proving it remains actively employed in the Philippine marketplace.
The process begins with a DAU due three years after the initial application is filed. This is followed by another five years later, verifying continued use after registration. Subsequent DAUs are then tied to renewal periods, ensuring ongoing commercial activity.
Strict deadlines govern these submissions. A late DAU, without a valid extension request (specifically for the third-year filing), will be rejected, potentially leading to the abandonment of the application or cancellation of the registration.
Each declaration demands a sworn statement, detailing the applicant’s information and a clear assertion of the trademark’s use within the Philippines. Specificity is key – the declaration must list the exact goods or services connected to the mark.
Beyond simply stating use, applicants must provide concrete evidence. This includes the names and addresses of retail locations, service providers, or verifiable online storefronts where the trademarked products or services are offered.
However, the guidelines also acknowledge unforeseen circumstances. A Declaration of Non-Use (DNU) offers a pathway for registrants facing legitimate obstacles preventing commercial activity, provided these obstacles are beyond their control.
These proposed guidelines represent a significant step towards strengthening trademark enforcement and ensuring that registered marks genuinely reflect active commercial presence within the Philippines.
