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Amendments to Trademark Laws

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Aug 30, 2024 (Newsletter Issue 8/24)
Philippines
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Payment of Issuance & Publication Fees Mandatory at the Time of Filing TM Renewal Request


The Intellectual Property Office of the Philippines (IPOPHL) has issued Memorandum Circular No. 2024-0023, which took effect on 25 July 2024, which amends IPOPHL Memorandum Circular No. 2023-001, or the Rules and Regulations on Trademarks, Service Marks, Trade Names, and Marked or Stamped Containers of 2023.

Memorandum Circular No. 2024-0023 requires that upon filing of a request for renewal of trademark registration for a period of ten (10) years at its expiration, the prescribed fees for the issuance and publication shall now be remitted along with the payment of the renewal fee.

Under the previous Rule and practice, payment of Issuance and Publication Fees are only remitted once the IPOPHL issued a Notice of Issuance. The difference from the previous Rule, is payment of Issuance and Publication fees is now required at the time of filing the request for renewal and payment of renewal fee. The new Rule will, in effect, expedite the renewal process.

Please note: In addition to filing a renewal application as set out above, Registrants should also take note and docket the relevant deadlines for filing the Declaration of Actual use (DAU) containing evidence of use of the registered mark in the Philippines to ensure a smooth renewal. Failure to file the DAU will result in the mark being treated as cancelled.

Source: www.kass.asia