Declaration of Actual Use
Although the Trademark Law of the Philippines is in many ways similar to other trademark laws in most countries of the world, it differs starkly by requiring periodic proofs of use. It entails registered trademarks to be backed-up with evidence of use by filing affidavits of use twice during the protection period.
This eradicates ‘parking’ of trademarks and preventing bona fide owners of the mark from registering it.
Disregarded or forgotten, the registration is invalidated unceremoniously by the system computers. When an interested party files application for registration of a similar mark, the search conducted during examination will reveal no similar prior application or registration and hence it will be accepted.
A trademark application filed in bad faith may be registered as a consequence and cause costly legal action for cancellation of a registered trade mark.
We offer Declarations of Actual Use watching and filing services for a straightforward fee. The first affidavit of use (legalized) must be filed within three (3) years from the filing date and the second, within one (1) year from the 5th year registration anniversary.
RENEWAL WATCHING SERVICE
Validity of Trademark Registration in the Philippines is Ten (10) years and is renewable.
A trademark registration is advised to be renewed six (6) months before expiration.
We can both watch and renew in a timely manner.