Philippines

 

Lysaght offers a complete IP service in this country, assisting clients in the filing, registration, recordal and renewal of their IP rights. For further information and our prices, please e-mail us with your specific enquiry.
TRADE MARK INFORMATION  
Classification International, Nice 10th Edition
Multi-class
Goods and services can be registered
Priority Convention priority can be claimed
Renewal 10 years from the filing date and every 10 years thereafter
Use provisions

The Intellectual Property Office of the Philippines has issued amendments to the regulations, which took effect on 1st August 2017. A major amendment involves the submission of a Declaration of Actual Use when renewing a registration. Under the new rules, Declarations of Actual Use, together with material evidence of use, are now due:

(a) Within three years from the filing date of the application (a one-time extension of six months is permitted);
(b) Within one year from the fifth anniversary of the registration (no extension permitted);
(c) Within one year from date of renewal (no extension permitted);
(d) Within one year from the fifth anniversary of each renewal (no extension permitted).

It is only possible to file a Declaration of Non-Use if one or more of the following circumstances exist:-

(1) Where the applicant or registrant is prohibited from using the mark in commerce because of a requirement imposed by another government agency prior to putting the goods in the market or rendering of the services;
(2) Where a restraining order or injunction was issued by the Bureau of Legal Affairs, the courts or quasi-judicial bodies, prohibiting the use of the mark; or
(3) Where the mark is the subject of an opposition or cancellation case.

For any further information or assistance, please do not hesitate to contact us.

PATENT INFORMATION  
Types of Patent

PCT national phase

Substantive with or without priority claim

Priority Convention priority can be claimed
Duration 20 years from the effective filing date
Renewal Renewal fees are due annually, beginning upon expiration of four years from the date of publication (or the date of international publication for PCT national phase applications)
DESIGN INFORMATION  
Priority Convention priority can be claimed
Duration Industrial designs have a term of 5 years from the filing date, renewable for two further terms of 5 years each.  Layout designs have a non-extendible term of 10 years
Renewal The registration of an industrial design may be renewed for not more than two consecutive periods of 5 years each, by paying renewal fees.