Renewal

Overview

In the Philippines, a trademark registration is valid for ten (10) years from the registration date. Trademark rights may be renewed indefinitely for successive ten-year periods. To maintain trademark protection, renewal must be completed within the prescribed period.

Renewal Period

A trademark registration may be renewed every ten (10) years from the registration date.

• Filing Window: A renewal application may be filed starting six (6) months before the expiration date.
• Grace Period: If the renewal is not completed before the expiration date, the registration may still be renewed within a six (6)-month grace period upon payment of the applicable surcharge.
• Consequence of Inaction: Failure to renew within the grace period will result in the lapse of the trademark registration.

Requirements

Trademark registrations are generally not re-examined during the renewal process.

Renewal is typically completed by:

1. Filing the required renewal documents
2. Paying the applicable official fees

Practical Considerations

• Risk of Lapsing: Trademarks are valuable intellectual property assets, and failure to renew a registration may result in the loss of trademark rights. Once a registration has lapsed, third parties may seek to register identical or similar trademarks, potentially creating legal and commercial risks for the former owner.
• Strategic Review: Renewal also provides an opportunity to review the scope of protection in light of the owner’s current business activities and brand strategy.
• Cost Optimization: Goods, services, or classes that are no longer relevant may be excluded from renewal, which may help reduce official fees and long-term portfolio maintenance costs.

Key Takeaway for Owners: Accordingly, trademark owners should not only monitor renewal deadlines but also periodically review their trademark portfolios to ensure that protection remains aligned with their business objectives.