The Intellectual Property Office of the Philippines (IPOPHL) is also transitioning to digital processes and will no longer provide physical certificates. For those who require physical certificates, they will need to make an additional application through the system and pay the required fee.
Image Source: Official website of the Intellectual Property Office of the Philippines (IPOPHL)Philippine trademarks follow the "first-to-file" protection principle. Trademarks can be registered in the Philippines through direct application or by designating the Philippines as one of the countries under the Madrid Trademark System. The registration process typically takes about 6 to 10 months. If there are objections and intermediate processes that need responses, the application period may extend.
It's essential to note that, starting from the third year from the application date, Philippine trademarks require the submission of a notarized Declaration of Actual Use (DAU). Within the 5th to 6th year from the registration date, a Declaration of Actual Use (DAU) and evidence of use are also required. The IPOPHL will not issue any notifications regarding this, so trademark applicants need to proactively submit the Declaration of Actual Use and supporting evidence.
Materials required for the Philippine Declaration of Actual Use (DAU) and evidence of use include:
1. Trademark name and registration/application number.
2. Letter of appointment and Declaration of Actual Use (DAU). For corporate applications, the name and position of the signatory must be provided.
3. Information about the location of trademark use or the name and address or website of agents or partners.
4. 2-3 pieces of evidence of trademark use, which may include:
- Product images with the trademark, product packaging photos, or storefront photos.
- Product images with the trademark and labels.
- Web pages that demonstrate the provision of products/services in the Philippines with the trademark.
- Direct mail (DM) photos related to the Philippines with the trademark.
- Evidence of online sales to the Philippines.
- Copies of contracts related to the Philippines and relevant payment receipts.
Note: Evidence materials for trademark Class 35 and Class 43 in the Philippines are subject to strict scrutiny. Please submit the Declaration of Actual Use in accordance with the actual situation or consider reapplying for the trademark.
