In the
Philippines there has been an important legislative change concerning the
maintenance of trademark rights. The change involves a new Declaration of
Actual Use (“DAU”), as established by the Intellectual Property Office of the
Philippines (IPO) in Circular No. 17-010 (2017 Trademark Regulation), in effect
since 1 August 2017.
It would
seem that this change derives from the need to adapt Philippine trademark
legislation in line with the provisions of the Madrid Protocol, although there
may also be other reasons such as a desire to restrict exclusive rights from
being obtained in defensive marks or perhaps even to introduce a new official
fee. However, our task here is not to analyse the reasons for the changes but
to explain them as simply as possible.
Up to now,
to preserve trademark rights in the Philippines it has been necessary to attest
to use by submitting a DAU and evidence of the use. Under the new Trademarks Act, it has been required to attest to use at different points in the lifetime of the mark:
- By the third anniversary of the filing date of the trademark application,
- Between the fifth and sixth anniversary of the date of registration of the mark, and
- Between the fifth and sixth anniversary of the date of renewal of the mark
The
requirement to submit the DAU affects Philippine national marks, international
marks designating the Philippines and subsequent designations of the
Philippines for international marks. If a mark has been protected through the
international registration system, while the term is also one year, it is
calculated from the date of renewal of the international mark.
Circular
No. 17-010 is certainly complex, as it appears to indicate that the requirement
to submit the new DAU will be applied with retroactive effect to marks that
have been renewed since 1 January 2017, and at the same time it appears to
state that this requirement must be met for all marks within one year from its
renewal date.
In
practice, for each trademark that is to be kept in force in the Philippines, a
DAU will have to be submitted within the established term of one year from the
renewal date and that same formality will have to be carried out again at each
10-year cycle during the lifetime of the registration.
In the more
immediate term, those owners of trademarks which were due for renewal from 1
January 2017 will have to satisfy the requirement of submitting the DAU before
the end of the one year term from the date on which the registration was set to
expire. Those owners that have renewed their marks in the course of 2017 and
wish to keep them in force, will have to keep in mind that they must comply
with this requirement within the time limit.
This
retroactive effect will not really exist in relation to international marks
because the Philippines acceded to the Madrid Protocol on 25 July 2012.
Therefore, the first international marks designating the Philippines will not
be due for renewal until 2022. In this regard, Article 14.5 of the Madrid
Protocol establishes that with respect to international registrations made
under the Protocol prior to the accession thereto of the State in question,
subsequent designations of protection in that State are not possible, and
therefore there would not be any subsequent designations of trademarks in the
Philippines that would be affected retroactively by this new requirement. In
the case of international marks, it is a change to bear in mind in the longer
term.
Visit our website: http://www.elzaburu.es/en
Author: Cristina Arroyo
Visit our website: http://www.elzaburu.es/en
Nice
ReplyDeleteMuch useful..
ReplyDeleteFor Trademark renewal, visit: http://www.aanoorglobal.com/trademark-renewal
Good post thanks for share article. health magazine
ReplyDeleteAccording to experts of Buy assignment online, this legislation is important to get the actual trademark rights. This legislation will also help to overcome the poverty.
ReplyDelete
ReplyDeleteI am thanksful for you guys for your great ideas and good content article you guys writng this article very well and i spend my free time to read this article great effort guys. https://thetechtrending.com https://trendingwithmedia.com/
Awesome and interesting article. Great things you've always shared with us. Thanks. Just continue composing this kind of post. for More Information Please Visit: Outdoor Advertising Agency in Chennai
ReplyDeleteQuickbooks is the advanced accounting software to handle business data conveniently. This tool has many premium features for growing the business. This is cloud based so you can operate it from anywhere in the world. Quickbooks Backup
ReplyDeleteIf you found any minor or major issue in Quickbooks software, you can download QB Tool Hub which is the combination of all essential tools in a single application. Rather than download individual tools, you can use this tool to save your time.
ReplyDeleteIf you are the one looking for technical help in AOL mail then call us today at AOL Mail Support Number and get connected with our award-winning team of AOL Mail Services. They are capable of resolving the technical bugs and issues.
ReplyDeleteAOL Mail Support Number
Recover Hacked AOL Mail Account
Forgot AOL Mail Password
Change AOL Email Password
Recover AOL Password
Reset AOL Mail Password
Install AOL Desktop Gold
Download AOL Desktop Gold
AOL Desktop Gold Update Error
AOL Shield Pro Support
Your style and passion for blogging is contagious. Thank you for sharing this way!
ReplyDeletebakhar nabieva
Thanks for sharing this knowledgeable post. What an excellent post and outstanding article. Thanks for your awesome topic . Really I got very valuable information here. For instant support related to the Common AOL Mail Login Issues please visit for instant help.
ReplyDeleteI really appreciate the information that you have shared on your Blog. Thanks for shearing this blog.
ReplyDeleteHP Printer in Error State How to Fix
How to Get Your Printer Back Online
HP Printer WIFI Connection Problems
How Do I Connect Printer to Computer
Why My Scanner is Not Working
Why Does My Printer Keep Going Offline
How to Fix Damaged Canon Ink Cartridge
Why is My HP Printer Printing So Slowly
How Do I Get My HP Printer to Recognize my Wireless Network
I love this. It is soo informative. Are you also searching for cheap assignment writing help we are the best solution for you. We are best known for delivering the best services to students without having to break the bank
ReplyDeleteThat was really great. Helpful and insightful, as always! Thanks for the data and the supporting information.
ReplyDeleteSatta Matka Official is #1 India satta matka website.Our advanced tips & tricks help to play this Satta game properly. The tips provided by our expert Matka guessers help you to win the game and become the Satta king