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3rd/5th Declaration of Actual Use (DAU)

To keep a trademark alive and protected, IPOPHL mandates that the the owner must file a Declaration of Actual Use (DAU). This is essential to demonstrate that the mark is indeed in use.

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Stay Protected: Meet IPOPHL’s DAU Requirements

To keep your trademark registration active and fully protected in the Philippines, IPOPHL requires trademark owners to prove actual commercial use of their mark. This is done through a process called the Declaration of Actual Use (DAU).

Failure to file the DAU on time may lead to your trademark being considered abandoned and subsequently removed from the IPOPHL trademark registry.

Importantly, DAU is not a one-time requirement. It must be submitted at specific intervals to maintain your trademark rights:

  • Within 3 years from the date of application filing (or from the international registration/subsequent designation date, if applicable).
  • Within 1 year after the 5th anniversary of your registration or the Statement of Grant of Protection.
  • Within 1 year after the 5th anniversary of every renewal.

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DAU process

  • Call us to see if you need Declaration of Actual Use help, as it can seem quite complicated.
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Frequently Asked Questions

My certificate says valid for 10 years, why do I need to file for DAU?
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Declaration of Actual Use (DAU) is required from the IPOPH as a maintenance and protection of the trademark which shall be exhibited by the mark owner. Thus, it is a must to prove that the mark is being used.

What happens if I fail to file a DAU on time?
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Failure to file a DAU within the prescribed period will result in the automatic refusal of a pending trademark application or the cancellation of a registered trademark. There are generally no extensions for the 5th year and renewal DAUs. Only the 3rd year DAU may be extended for a maximum of six (6) months, provided a request for extension is filed and the corresponding fee is paid before the original deadline.

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