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 For a trademark registration to remain valid in the Philippines, 2 kinds of declaration must be filed. Otherwise, the Office will remove the mark from the Register.

 

1/ Declaration of Actual Use – Must be filed within 3 years from the application date irrespective of whether the application has been granted or not. An Affidavit of Use form duly signed and notarized must be submitted along with specimens of use, such as brochures, labels, packaging, and invoices showing the mark in use in commerce. Besides, it is important to state the date of the 1st use of the mark and the name and address of an outlet where the goods are sold and / or services rendered.

2/ Declaration of Use or Non-Use – Must be submitted within one year following the 5th, 10th and 15th anniversary of the registration date of the trademark. An Affidavit of Use or Non-use form duly signed and notarized must be filed and no evidence of use is required in these cases. Nevertheless, it is necessary to indicate the name and address of an establishment where the goods are sold and / or services rendered. As for Non-Use, Non-Use of a mark may be excused if caused by circumstances arising independently of the will of the trademark owner. Lack of funds will not excuse non-use of a mark. Special circumstances to excuse non-use in affidavits of non-use will not be accepted unless they are clearly beyond the control of the registrant, such as the prohibition of sale imposed by the government regulation. 


 

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