The short answer
A trademark in the Philippines lasts 10 years and can be renewed for further 10-year terms, but only if the required Declaration of Actual Use (DAU) was filed on time. The first DAU is due within 3 years from the filing date, which is the deadline most foreign owners miss. Anyone can oppose within 30 days of publication. A foreign applicant with no presence in the Philippines must name a resident representative.
Trademark deadlines in the Philippines at a glance
These periods come from the IPOPHL Trademark Regulations (the 2023 text), which implement the Intellectual Property Code. The Philippines does not ask for proof of use when you file, but it removes marks that are not declared in use on time. We re-check each deadline against the current regulations before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years, renewable for periods of 10 years, as long as the required DAU has been filed (Rule 801). |
| Which date does the term count from? | From the date of registration, that is the certificate. If nobody opposes, the mark is deemed registered on the day after the opposition period ends (Rule 703). |
| When is the first DAU due? | Within 3 years from the filing date of the application (Rule 204(a)). This counts from filing, not from registration. |
| Can the first DAU be extended? | Yes, by 6 months, if you ask before the 3 years end and pay the fee (Rule 205). |
| Later DAUs | Within 1 year from the 5th anniversary of the registration, within 1 year from the date of renewal, and within 1 year from the 5th anniversary of each renewal (Rule 204(b) to (d)). |
| What if a DAU is missed? | The application is refused, or the registered mark is removed from the Register (Rule 204). |
| When can I renew? | Within 6 months before expiry, or within 6 months after expiry with a surcharge (Rule 1201). |
| Opposition period | 30 days after publication for opposition. The Bureau of Legal Affairs can grant an extension (Rule 703). |
| Reply to an office action | 2 months from the notice, and no more than 4 months in total including any extension (Rules 606 and 612). |
| Priority claim | 6 months from the earliest foreign application. |
| Resident representative | If the applicant is not domiciled in the Philippines, designate one within 2 months of the office action asking for it, or the application may be abandoned (Rule 302). |
Who can register a trademark in the Philippines
Individuals and companies from any country can apply. You do not need to show use when you file, but you must file DAUs later.
Resident representative. An applicant who is not domiciled in the Philippines and has no real and effective commercial presence there must appoint a resident representative who receives notices (Rule 302). The IPOPHL gives 2 months to do this after it asks.
Trademark registration process in the Philippines
Search the register
- Search IPOPHL's public database for identical or similar marks in your classes.
File the application
- File online. Give the mark, the goods or services in classes, and the resident representative if you are a foreign applicant.
- Claim priority at filing if you filed abroad in the last 6 months.
Examination
- An examiner checks the application. If there is an issue, you have 2 months to respond (Rule 606).
Publication and opposition
- The application is published for opposition.
- If nobody opposes within 30 days, the mark is registered on the next day (Rule 703).
File your DAUs
- File the first DAU within 3 years of filing, with evidence of use, and diarise the later DAUs and renewal.
Official fees change. We confirm the current IPOPHL fee schedule for your classes before we quote, so the figure you see is the one that applies on the day.
Philippines trademark validity and renewal
- The term is 10 years, renewable in 10-year periods (Rule 801).
- Renew within the 6 months before expiry. A late renewal is possible within 6 months after expiry, with a surcharge (Rule 1201).
- The renewal itself triggers a DAU within 1 year from the date of renewal (Rule 204(c)).
- A renewal with a material change to the mark is not allowed: a new application is needed.
The Philippines is a use-based system after registration. A beautiful certificate can still be removed if a DAU is missed, so track the DAU dates as carefully as the renewal date.
Assignment, licence and changes to a Philippine trademark
Assignment
Transfer of a mark
Record the assignment with IPOPHL so the register shows the new owner and later notices reach the right person.
Licence
Licence recordal
Record licences so they are effective against third parties. Ask us for the current IPOPHL form and fee.
Name or address
Change of the owner's details
Record the change with IPOPHL. A wrong address on the register can make you miss a DAU or renewal notice.
Representative
Change of representative
Subsequent changes of the authorised representative must also be recorded (Rule 302).
Cancellation and non-use of a Philippine trademark
Use is checked through the DAU system. Non-use is not allowed for more than 6 years in total, and use must start and the DAU be filed within 1 year of the 5th anniversary of registration, otherwise the Office removes the mark (Rule 212). A Declaration of Non-Use can be filed where use is blocked by a legal requirement, an injunction or a pending case.
Keep dated proof of use for each class: invoices, packaging, photos of the goods and screenshots of sales pages.
How to check a trademark in the Philippines
Search applications and registrations on IPOPHL's public trademark database, and check the e-Gazette for the publication date. The 30-day opposition period starts from that publication.
Sources used
- IPOPHL Trademark Regulations (2023): Rules 204, 205, 206, 212, 302, 606, 612, 703, 801, 1201.
- Intellectual Property Code of the Philippines (Republic Act No. 8293), on WIPO Lex.
Philippines trademark FAQ
How long does a trademark last in the Philippines?
10 years, renewable for further 10-year periods, as long as the required DAUs were filed (Rule 801).
When is the first Declaration of Actual Use due?
Within 3 years from the filing date. A 6-month extension can be requested before the 3 years end (Rules 204 and 205).
When should I renew, and is there a grace period?
Renew within 6 months before expiry. You can also renew within 6 months after expiry with a surcharge (Rule 1201).
What is the opposition period in the Philippines?
30 days after publication for opposition. The Bureau of Legal Affairs can grant an extension (Rule 703).
How much does it cost to register a trademark in the Philippines?
The official fee depends on the number of classes and changes from time to time. We confirm the current IPOPHL schedule and quote the full cost before filing.
Can a foreign company register a trademark in the Philippines?
Yes. If it is not domiciled there it must appoint a resident representative (Rule 302).
Can I assign a Philippine trademark?
Yes. Record the assignment with IPOPHL so the register shows the new owner.
What happens if I do not file the DAU?
The application is refused, or the registered mark is removed from the Register (Rule 204).
How can I check the status of a Philippine trademark?
Use the IPOPHL public trademark database and the e-Gazette.
Can I claim priority from my home country?
Yes, within 6 months of the earliest foreign application.
Protect your brand in the Philippines
SUPREMEiP® files trademarks worldwide through its network and diarises every Philippine DAU and renewal date. Send us your mark and we will tell you the route, the deadlines and the cost.
