IPOPHL seeks comments on draft trademark guidelines

THE Intellectual Property Office of the Philippines (IPOPHL) said it is seeking comment on the draft guidelines for the submission and examination of declarations of actual use in trademark applications and registrations.

The IPOPHL is accepting comments on the draft guidelines until April 17.

According to a draft copy, the Declaration of Actual Use (DAU) must be filed at specific intervals throughout the life of a trademark application or registration to confirm that the mark remains in genuine continuous commercial use in the Philippines.

A third-year DAU must be filed within three years from the filing date of the application, while a fifth-year DAU must be filed within one year from the fifth anniversary of the registration to verify continued use of the mark.

The renewal DAU must be filed within one year from the renewal date. It may also be filed within the six-month period before the expiration of the registration, provided that a request for renewal has been filed, it said.

“A DAU submitted after the expiration of the applicable period, without a duly filed and fully paid request for extension (for the Third Year DAU only), shall be refused outright and shall result in the refusal of the application or in the removal of the registration,” IPOPHL said.

Each DAU must be submitted under oath, and the form must contain information such as the full name and address of the applicant or registrant; a declaration that the mark is in actual use in the Philippines; and a list of the goods and/or services for which the mark is being used.

The application form must also indicate the names and complete addresses of the establishments or outlets where the goods are sold or the services are rendered, or the verifiable website or e-commerce address for goods sold online.

A Declaration of Non-Use (DNU) may be filed when the registrant or applicant is prevented from using the mark in commerce by circumstances arising independently of their will, IPOPHL said. — Beatriz Marie D. Cruz