FAQs

The first annuity, i.e. 5^th year is due 4 years from International Publication Date (PCT) or First publication date (Direct filing)

No, POA is not required for payment of annuity.

No. The annuity has to be paid annually (3 months before the due date).

Yes, late payment is allowed within 6 months from the renewal due date. However, 50% surcharges will apply.

Payment of the annuity can still be made within 6 months from publication of the Notice of Non-Payment. There are no provisions in the patent law in the Philippines for restoration of patents.

For further assistance, please do not hesitate to contact us

Yes, a simply signed Power of Attorney is required upon renewal.

Yes. To maintain a mark in the Philippines filing of Declaration of Actual Use is required to be filed during the following periods:

1. Within three (3) years from the date of filing of the trademark application;
2. Within one (1) year from the fifth (5th) anniversary of the registration of the mark; and
3. Within one (1) year from the date of renewal; and
4. Within one (1) year from the fifth (5th) anniversary of each renewal.

Yes. A Declaration of Non-Use can be filed within three years from filing of the application or within the extension period if a request for extension was timely made and provided that the reason of non-use falls in any of the grounds below:

(1)       Where the applicant or registrant is prohibited from using the mark in commerce because of a requirement imposed by another government agency prior to putting the goods in the market or rendering of the services.

(2)       Where the restraining order or injunction was issued by the Bureau of Legal Affairs, the courts or quasi-judicial bodies prohibiting the use of the mark; or

(3)       Where the mark is the subject of an opposition or cancellation case.

Yes, late renewal can be filed within 6 months from the renewal due date. However, 50% surcharges will apply.

For further assistance, please do not hesitate to contact us.