PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
• catalogues, price lists and invoices; or • management reports. 2.3 Trade Mark Rights Under the IP Code, the owner of a registered mark has the exclusive right to use said mark in connection with the goods and/or services and those related thereto specified in the certificate of registration, and to prevent all third parties from using marks that are identical or confus - ingly similar to its own. Only a registered trade mark owner may claim trade mark infringement against an identical or confusingly similar mark. A trade mark registration is valid for ten years from its date of registration, during which time all the rights of the holder shall persist. Registration may be renewed every ten years. A certificate of registration of a mark further serves as prima facie, evidence of: • the validity of the registration; • the registrant’s ownership of the mark; and • the registrant’s exclusive right to use the mark in connection with the goods and services listed and those related thereto. 2.4 Use in Commerce Under the IP Code and the Revised Trademark Regulations of 2023, a trade mark owner is not required to prove use of the mark at the time of filing the application. However, they must prove use of the mark periodically after filing by sub - mitting a notarised Declarations of Actual Use (DAU) and proof of use of the mark within the following periods: • three years from the filing date; • one year from the fifth anniversary of the registration date; • one year from the renewal date; and
• one year from the fifth anniversary of the renewal date. Failure to file the DAU will result in the refusal of the pending application or removal of the regis - tration. Unjustified non-use of a registered mark for an uninterrupted period of three years may also be the basis of a third-party cancellation action. The Revised Trademark Regulations list the fol - lowing as acceptable proof of use of a mark: • downloaded pages from the website of the applicant clearly showing that goods and ser - vices covered by the mark are made available in the Philippines; • photographs (including digital photographs printed on ordinary paper) of the following: (a) labels or packaging bearing the mark as actually used on goods; (b) the stamped or marked container of the goods; or (c) signages bearing the mark on the facade or in any area in the establishment(s) where the mark is displayed; • brochures or advertising materials showing the actual use of the mark on goods being sold or services being rendered in the Philip - pines; • receipts or invoices of sales of goods or services rendered or other similar evidence of use, showing that the goods and the services covered by the mark are available in the Phil - ippines; • copies of contracts for services showing the use of the mark; or • such other evidence of a similar nature that the IPOPHL may determine as being accept - able.
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