We know that a trademark is one way of protecting our intellectual properties related to our business. Trademarks help you maintain your brand identity by protecting your company’s rights, such as brand name, logo, symbols, designs, etc. This is why obtaining a trademark is essential to prevent a third party from using your property without your permission.
However, more than registering a trademark is required if you are in the Philippines. You need several requirements to maintain the trademark for your brand to keep it valid. Philippines Trademark regulations require a Declaration of Actual Use (DAU), a statement that states that you use the trademark in the Philippines to keep your registration enforceable. Let us look at DAU in detail in this article.
What is the need to maintain the trademark?
As discussed above, a Declaration of Actual Use is essential for the timely maintenance of trademark registration in the Philippines. The DAU shows that the trademark is being used for the goods or services sold or rendered in the Philippines. In the Philippines, you must submit proof of actual use for the trademark to maintain your rights over it. What happens if you fail to file DAU? The Intellectual Property Office of the Philippines can only remove your rights from your trademarked property if you submit DAU.
Types of DAUs
The different types of DAU one can file for maintaining their trademark include:
- Renewal DAU: A recently added DAU requires you to file it within one year of the trademark registration renewal date.
- 3rd DAU: This has to be filed before the completion of 3 years from the trademark application filing date (6 months extension is possible).
- 5th DAU: This has to be filed before the completion of 5 years from the trademark application filing date (6 months extension is not possible)
Compliance period of Declaration of Actual Use
The Intellectual Property Code of the Philippines states that the durability of trademark registration is 10 years. To maintain your rights on the registered trademark, you have to declare a DAU with the actual evidence and file it to the IPO within the three periods mentioned above.
Trademark owners who fail to file DAU within the prescribed periods have the chance of losing the trademark of their properties. So, one should be careful of the deadline dates to maintain their rights on their properties. In addition, the filing fees should be paid within the mentioned period, and the original DAU should be submitted before the 30th day after submitting the scanned copy of the DAU.
Acceptable proofs for filing a DAU
To file a Declaration of Actual Use, you should submit actual proof of use. Under the IPO, the following are the acceptable proofs of use to file a DAU for your trademark:
- Labels of the used mark.
- A website page downloaded from showing the proof of goods being sold or rendered in the Philippines.
- Photocopies of goods or labels of the mark.
- Advertising materials or brochures of the marks showing that they are used in the Philippines.
- Receipts of goods or services showing proof of goods being sold or rendered in the Philippines in case of online sale.
- Contract copies for services indicating the use of marks.
What is a DNU (Declaration of Non-Use)?
The Intellectual Property Code of the Philippines allows the non-use of the trademark in certain instances. Registrants who cannot comply with the DAU can file for DNU (Declaration of Non-Use) and keep their trademark active. A registrant can file DNU when,
- He is not allowed to use the mark in business because of the requirement charged by another government agency before placing the goods or services in the market.
- An order issued by the Bureau of Legal Affairs, or the courts or quasi-judicial bodies preventing the use of the mark.
- The mark is the subject of a cancellation case or an opposition.
DNU is acceptable only for the instances mentioned earlier. Intellectual Property Office will not permit anything other than these instances.
Effects of not filing DAU or DNU
To keep your trademark active in the Philippines, one should keenly note the deadlines for filing DAUs or DNU (only in certain instances) and the necessary documents. If the registrant fails to register DAU for his property will cause the removal of the application if the mark is in the examination stage or the removal of the mark from the registry if it is already registered.
To sum up
If you are in the Philippines, owning a brand goes a long way other than just registering or filing a trademark to maintain your identity. Declaration of Actual Use (DAU) is the one that helps you own your rights for an extended period in the Philippines. Regular reminders about the deadlines and checking out the renewal costs will help you be consistent with your DAU procedures.
