DECLARATION OF ACTUAL USE (DAU)

Registering your trademark with the Intellectual Property Office of the Philippines (IPOPHL) is a big step in protecting your brand. But here’s the catch: getting that certificate isn’t the end of the journey. Unlike in some countries where registration alone is enough, here in the Philippines, you also have to prove that you’re actually using your mark in business.

This is where the Declaration of Actual Use (DAU) comes in. Think of it as IPOPHL’s way of making sure that trademarks are not just “reserved names” sitting on paper, but are actively helping consumers identify real products and services in the market.

What Exactly is a DAU?

A DAU is a sworn and notarized statement from the trademark owner (or their authorized agent) saying, “Yes, I’m using this trademark in the Philippines.”

It isn’t just a declaration—you’ll also need to back it up with proof, like labels, receipts, screenshots of online stores, or marketing materials that show your mark in action.

If you don’t file it on time, IPOPHL can refuse your application or even remove your registered mark from the registry. In short, no DAU = no protection.

When Do You Need to File a DAU?

Under IPOPHL’s 2017 Rules on Trademarks (MC No. 17-010), there are three key deadlines to remember:

1. Third-Year DAU – Within 3 years from the filing date of your application.
   • This one has a little wiggle room—you can request a 6-month extension, but only before the deadline passes.
2. Fifth-Year DAU – On the 5th anniversary of your registration.
   • No extensions here. If you miss it, your mark will be cancelled.
3. Renewal DAU – Within 1 year after you renew your trademark (every 10 years).
   • Also non-extendible.

👉 Missing any of these deadlines is one of the fastest ways to lose your trademark rights.

What Counts as Proof of Actual Use?

IPOPHL accepts different types of evidence, as long as they clearly show your trademark being used in the Philippines. Examples include:

• Product packaging or labels with your mark.
• Photos of your products on store shelves.
• Screenshots of your website or online shop serving Philippine customers.
• Receipts or invoices showing actual sales in the country.
• Contracts for services under your brand.
• Advertising materials like brochures, billboards, or posters.

The key is that the proof should directly connect your trademark with the goods or services you registered. Weak or incomplete evidence can delay your filing and may trigger an office action.

What if You’re Not Using the Mark Yet?

Sometimes, businesses can’t immediately use their trademarks because of legal or regulatory hurdles. In those cases, IPOPHL allows you to file a Declaration of Non-Use (DNU) instead.

But this is only valid in specific situations, like:

• If another government agency requires prior approval before you can sell your product (e.g., FDA clearance).
• If there’s a court order or IPOPHL ruling stopping you from using the mark.
• If your mark is currently under opposition or cancellation proceedings.

Other reasons—like “we’re still preparing to launch”—won’t fly.

What Happens If You Don’t File a DAU?

The consequences are serious:

• If your application is still under examination, IPOPHL will refuse it outright.
• If your mark is already registered, IPOPHL will remove it from the registry.

There have been actual cases where marks were cancelled simply because the owners forgot to file their DAUs—even though they were actively using the marks in the market. IPOPHL is very strict: filing is mandatory, no exceptions.

Real-World Example

In one opposition case, the Bureau of Legal Affairs cancelled a mark after the owner failed to submit a DAU on time. The ruling was clear: “The filing of DAUs is not a mere formality but a substantive requirement that reflects actual commercial use.”

This shows just how unforgiving the rules can be. Missing a deadline can undo years of brand-building.

A Note on Copyright

Here’s something many business owners overlook: the materials you submit as proof for your DAU—like your logo, packaging design, or ads—are also protected by copyright law.

That means you’re not just proving use of your trademark, you’re also holding exclusive rights over the creative works themselves. If someone copies your ad or your packaging, you may assert both trademark rights and copyright rights. That’s double protection for your brand.

Practical Tips to Stay Compliant

• Mark your deadlines the moment you file or register your trademark.
• Keep a file of evidence (receipts, ads, screenshots) so you’re always prepared.
• If you have creative assets like logos or ads, consider registering them for copyright too.
• If you’re unsure, work with an IP agent like Brealant, Federis, or Hechanova. Many local businesses self-file, but a lot of cancellations happen due to missed DAUs or weak evidence. Agents can help you avoid costly mistakes.

✅ Bottom Line: Filing a DAU is not just a box-ticking exercise—it’s the lifeline that keeps your trademark alive. If you miss it, your brand protection disappears, no matter how long you’ve been using your mark.

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