PHILIPPINES
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
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.
International Arrangements
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
Types of Design
International Arrangements
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.
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