Trademarks - Filing Requirements


Filing Requirements
  • Power of attorney simply signed.
  • Certified copy of the priority document if claimed.

Notes
  • Late filing of documents: allowed within 60 days from filing date without penalty.
  • Extension of time for late filing of documents: not allowed.

The priority document should be filed within three (3) months from the filing date of the Philippines application.

We need to describe the colours if the trademark is coloured. Also, information about the trademark if the application is based on use or intent to use.

The applicant must provide a legalised Declaration of Actual User (DAU) within three years from the filing date. The same must be accompanied with five actual labels bearing the mark in question.

Registration with Customs Duty
  • Power of attorney simply signed.
  • Certified copy of the Philippines trademark registration.
  • Sample of the labels, brochures, and pictures showing the mark.
  • Payment of the government fees.

Notes
  • Late filing of documents: not allowed.

Renewal Requirements
  • Power of attorney simply signed.

Search Requirements
  • No documents are required.

Assignment Requirements
  • Power of attorney simply signed by the assignee.
  • Deed of assignment document notarised.

Notes
  • Late filing of documents: not allowed.

It is possible to obtain a new trademark certificate reflecting the changes after payment of the official fees.

Recordals of assignment is possible against pending as well as registered trademarks.

It takes between 3 and 6 months to complete the recordals from the date of filing the recordal application.

Merger Requirements
  • Power of attorney simply signed.
  • Merger agreement document notarised.

Notes
  • Late filing of documents: not allowed.

Recordal of Change
  • Certificate of incorporation or extract from the commercial register reflecting the change notarised, with English translation.

Notes
  • Late filing of documents: not allowed.

It is possible to obtain a new trademark certificate reflecting the changes after payment of the official fees.

Recordals of change of name/address is possible against pending as well as registered trademarks.

It takes between 3 and 6 months to complete the recordals from the date of filing the recordal application.

License Requirements
  • Power of attorney simply signed by the licensee.
  • License agreement document signed by both parties notarised.

Notes
  • Late filing of documents: not allowed.