World Intellectual Property Organization

Philippines (PH)

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Miscellaneous

Nice Classification

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

Representation before the Office

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 and Guarantee Marks

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.

Replacement

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.

Transformation

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.

Maintenance Requirement

1. Holders of international registrations containing a designation of the Philippines must file declarations of actual use of the mark with evidence to that effect. Such declarations must be filed directly with the Office of the Philippines, as prescribed by the applicable laws and regulations and upon payment of a fee:
A. within a three year period, counted from the date of the international registration or the date of the recordal of the subsequent designation of the Philippines. A one-time six month extension of the three-year period to file the aforementioned declaration may be requested, provided that such request is filed before the expiry of the said period;
B. within a one-year period, following five years counted from the date on which protection was granted in the Philippines, as indicated in the statement sent by the Office of the Philippines to the International Bureau under either Rule 18ter(1) or (2) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement;
C. within a one-year period, following five years counted from the date of each renewal of the international registration.
2. Alternately, within the aforementioned periods, holders of international registrations containing a designation of the Philippines may file, directly with the Office of the Philippines, in the manner prescribed by the applicable laws and regulations and upon payment of a fee, a declaration of non-use of the mark, stating the valid grounds, under the laws of the Philippines, for such non-use.
3. The declaration of actual use or non-use of the mark must be submitted by the holder’s authorized representative with a local address or by a legal representative in the Philippines. A local address is required for purposes of notification.
4. Failure to file declarations of either actual use or non-use of the mark, within the applicable periods, will prompt the Office of the Philippines to declare, ex officio, that protection to the mark which is the subject of an international registration containing a designation of the Philippines cannot or can no longer be granted.
5. Users of the Madrid system may contact the Office of the Philippines for further information concerning this matter.

Licenses

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.

Last updated on: March 18, 2014

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