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.