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Amendments to Trademark Laws

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Sep 20, 2017 (Newsletter Issue 16/17)
Philippines
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More Proof of Use


The Intellectual Property Office of the Philippines (IPOPHL) issued Memorandum Circular No. 17-010 entitled Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers of 2017 which took effect on August 1, 2017.

A major amendment involves the submission of the Declaration of Actual Use (DAU) when renewing the registration, and within one year from the 5th year anniversary of the renewal. Failure to do so will result in the application being refused or the removal of the registration from the IPOPHL Registry (Rule 204). The notable periods for the submission of the DAU’s under these new rules are:

(a) Within three (3) years from the filing date of the application;
(b) Within one (1) year from the fifth anniversary of the registration;
(c) Within one (1) year from date of renewal;
(d) Within one (1) year from the fifth anniversary of each renewal.

Only “a” or the third year DAU allows for extension of filing, and this is a one-time extension of six (6) months. Actual use of the mark may commence during the extension period. All the DAU’s to be filed must be coupled with the evidence of such use, and payment of the required fees. It is not obligatory for the IPOPHL to issue notices to the applicants/registrants to file its DAU.

A new rule was further introduced. As provided in the old rules, use in any of the goods or services in a class inures to the benefit of all the goods in said class. The new Rule 209 clarifies the effect of actual use for related classes. It allows the subsequent filing of another DAU to cover classes for which the first DAU filed did not include. However, this subsequent filing must be done within the prescribed period or within the extension period.

The IPOPHL has issued several other Memorandums which can be seen below:

- Memorandum Circular No. 17-011: Philippine Regulations Implementing the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks of 2017
- Memorandum Circular No. 17-012: Expediting the Trial of Cases by Amending Certain Provisions of the Regulations on Administrative Complaints for Violation of Law Involving Intellectual Property Rights
- Memorandum Circular No. 17-013: Amending the Revised Implementing Rules and Regulations for Patents, Utility Models, and Industrial Designs
- Memorandum Circular No. 17-014: Amending further the IPOPHL Revised Fee Structure of 2017 (Memorandum Circular No. 16-012, S. 2016, as Amended by Memorandum Circular No. 17-02, S. of 2017) see here

For further information, please click here

Source: Hechanova & Co. Inc., Philippines