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To maintain the registration and protection of your trademark, IPOPHIL requires the Registrants to file certain documents proving genuine commercial use of the mark or active performance of the services covered. This stage is called filing of Declaration of Actual Use (DAU). Non-compliance of this requirement will result in the mark being treated as abandoned and will be removed from the trademark registry. Filing of DAU is not a one time submission. IPOPHIL requires submission of DAU according to the following schedule:

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Within three (3) years from the filing of the trademark application or within 3 years from the international registration date or subsequent designation date.
Within one (1) year from the fifth (5th) anniversary of the registration of the mark or within 1 year from the 5th anniversary of the statement of grant of protection.
Within one (1) year from the fifth (5th) anniversary of each renewal.

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

Frequently Asked Questions

My certificate says valid for 10 years, why do I need to file for DAU?

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?

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.

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

Frequently Asked Questions