Philippines (PH)

The Office accepts all the class headings of the Nice Classification.

In case of a refusal, a local representative with an address for service in the Philippines is required.
Local representation is also required for the submission of the Declaration of Actual Use (3rd and 5th), as well as in the submission of a license contract which was requested to be recorded by the holder in the International Register.
List of local representatives

Collective marks are registrable.

Regulations governing the use of collective marks must be sent directly to the Office within two months from the date of registration of the application by the International Bureau, otherwise the International Registration will not be examined.

Recording of replacement will be made upon filing of a request with the Office. A fee of 606 Philippine pesos for each application is required. The rights acquired by the national trademark are not prejudiced.

If the mark subject of the transformation remains pending, the Office will continue with the substantive examination. If the mark is already protected in the Philippines, the Office will issue a certificate of registration for the mark without need of another examination. A transformation fee of 2,181.60 Philippine pesos per class is required.

The Office requires the submission of a Declaration of Actual Use within 3 years from the date of international registration. The period may be extended for six months provided the request is submitted within the 3-year period. The official form must be used.
Another declaration of actual use must be filed within 1 year from the 5th anniversary of the date of grant of protection of the mark. The holder is also required to submit the declaration within 1 year from the 5th anniversary of the renewal of the mark. The official form must be used.

In case of subsequent designations, the period shall be counted from the date of subsequent designation and from the date of grant of protection of the mark subject of such subsequent designation.

The declaration must be in English.

The recording in the International Register of a trademark license related to an international registration has effect in the Philippines. However, within 2 months from the date of recordal by the International Bureau, the holder must submit a copy of the license agreement showing compliance with national requirements. Failure by the holder to submit the copy of the license contract shall render the recordal without effect in the Philippines. In the event that the license contract does not comply with national requirements, the contract shall not be enforceable.