Amendment on Declaration of Trademark Use

No proof of use required during initial processing of trademark applications.
Applicants or registrants must file a declaration of actual use with evidence within three years from the application filing date.
Failure to file results in refusal of registration or removal of the registered mark by the Director motu proprio.
A six-month extension may be granted upon request before expiration, with payment of required fee.
The date of payment is considered the filing date of the declaration.
The date of first use is not required.

Declaration must be under oath, filed by applicant, registrant, or authorized representative.
Declaration is specific to one application or registration, including:
- Name and address of applicant/registrant.
- List of goods or services where the mark is used.
- Name/address of establishment where goods are sold or services rendered.
- If online only, website address substitutes for establishment information.
Additional facts supporting use may be included.
No requirement to state date of first use.

Actual use in some goods/services within a class constitutes use for the entire class.
Use in one class considered use for related classes.
Subsequent declarations for uncovered classes may be filed within the three-year or extension period.
Failure to file subsequent declarations causes automatic dropping of those classes without notice.

Labels of the mark as used.
Downloaded website pages showing goods/services offered in the Philippines.
Photographs of goods with marks, containers, and service establishments.
Brochures or advertising materials demonstrating use.
Receipts of sale for online sales or similar evidence showing market presence in the Philippines.
Copies of contracts for services with use of the mark.
Computer printouts of mark drawings are not accepted.
The Director may update the list of acceptable and unacceptable evidence.

May be filed within three years or extension period when actual use is prohibited by:
1. Another government agency’s requirements.
2. Restraining orders or injunctions from legal or quasi-judicial bodies.
3. Pending opposition or cancellation cases.
Declaration of Non-Use must be under oath, clearly stating facts preventing use, with payment of fees.

Registration certificates are valid for ten years.
Registrants must file a declaration of actual use or valid reasons for non-use within one year after the fifth anniversary of registration.
Evidence acceptable for the fifth anniversary declaration follows the same standards as initial declarations.
Failure to comply automates removal of the mark from the register.