In order to keep your trademark registered and protected, you need to submit evidence of actual use within 3 years from the filing date (3rd year DAU), within 5 years from the registration date or within 1 year from the 5th anniversary of the statement of grant of protection (5th year DAU), and 10th year from registration date (10th year Renewal). Failure to file maintenance will cause your trademark to be removed from the registry of the Intellectual Property Office of the Philippines (IPOPHL). 

We will teach you on this page how to file a 3rd and 5th Year Declaration of Actual Use. Procedure is the same when filing either 3rd or 5th year DAU. Below are the steps on how to do it:

1. Fill-out IPOPHL's Declaration of Actual Use form. You can download the form on their website: https://drive.google.com/file/d/1IVF-3-l6zkjHGQiPLA6ng8umnemBMEpq/view. Take note that the form has to be notarized. 

2. Create a document of evidence of use of your trademark. The evidence should be a compilation of images showing your trademark being used in accordance to your registered goods and/or services. All documents should be saved in pdf format.

3. One you're all done preparing the documents and evidence in pdf format, go to IPOPHL's Trademarks Documents Online FIling https://onlineservices.ipophil.gov.ph/edocFileTrademarks/

4. Select DAU/DNU from the Request Group drop-down list. Select either Declaration of Actual Use 3rd year or 5th year from the Request Type selection field.

5. Search your trademark using the application number or title

6. If you registered as a small entity, check the tick box. Click Next

7. The evidence and notarized declaration of actual use form must be merged into file and should be saved in pdf format. Upload the file then click Next.

8. Review the details. The fee for filing a 3rd year DAU with 1 class is 910. There's an additional charge for each additional class. Fill-out the Signature and Payment information section and click Submit to pay.

A lot of those who self-file received office action or registrability reports because their evidence got rejected. Common reason is that the submitted evidence were not in accordance to their registered goods and/or services. They missed the deadline because they don't know how to respond. A lot has come to us to represent them and file their DAUs on their behalf. We have years of experience in intellectual property and have experts who will help you. Contact us so we can assist you.