Declaration of Actual Use: Keeping a Philippine Trademark Registration Effective
Filing a trademark application is only the beginning of brand protection. A Philippine trademark owner must monitor post-filing and post-registration requirements, including Declarations of Actual Use. IPOPHL states that these declarations, with evidence of commercial use, are maintenance requirements. A registration may be jeopardized if the owner overlooks them while continuing to use the brand in the market.
Build a dated filing record
IPOPHL’s trademark maintenance page sets out the DAU schedule. The business should record the application date, registration date, covered goods and services, and each due date in a calendar that survives staff turnover. Before filing, verify the current rule, fees, and any available extension against IPOPHL’s official instructions.
Evidence should show genuine use of the registered mark for the relevant goods or services. Dated invoices, packaging, labels, store materials, and webpages may be useful, but their relevance depends on what the application covers. A logo that has changed materially since filing or a business that has shifted product lines needs review before a declaration is signed.
Align the trademark with the business documents
Corporate name registration, a domain name, and a trademark serve different legal functions. The owner should check that licensing, distributor, and agency contracts identify who owns the mark and who is authorized to use it. If the business is reorganized or the mark is assigned, update the ownership record and maintenance calendar accordingly.
Our intellectual property practice can assess filing history and supporting evidence before a DAU deadline. This article is general information; the exact obligation depends on the mark’s dates, status, and current IPOPHL rules.