DAU Requirements

DAU Requirements

Overview

In the Philippines, trademark applicants and owners must file a Declaration of Actual Use (DAU) to maintain a trademark application or registration.

The DAU is a declaration showing that the trademark is actually being used in the Philippines.

Critical Warning: Failure to submit the required DAU within the prescribed period may result in the abandonment of the application or cancellation of the registration.

Filing Deadlines

DAU filings are generally required at multiple stages of the trademark lifecycle:

  • 3rd Year: Within three (3) years from the filing date.
  • 5th Anniversary: Within one (1) year from the fifth anniversary of the registration date.
  • Renewal: Within one (1) year from the renewal date.
  • Post-Renewal 5th Anniversary: Within one (1) year from the fifth anniversary of each renewal.

Note: These requirements also apply to trademarks registered in the Philippines through the Madrid System.

Evidence of Actual Use

When filing a DAU, evidence showing actual use of the trademark in the Philippines must be submitted.

Typical acceptable evidence includes:

  • Product labels and packaging
  • Invoices and advertisements
  • Website screenshots
  • Store photographs
  • Menus and brochures
  • Service materials, and other documents showing use of the mark in connection with the relevant goods or services.

Partial Use and Non-Use Risk

  • Evidence Scope: A DAU does not normally require evidence of use for every listed good or service. However, for multi-class applications or registrations, it is generally advisable to prepare at least one item of use evidence for each class.
  • Third-Party Vulnerability: Even if a DAU is accepted, goods or services that are not actually used may still be vulnerable to cancellation by a third party on the ground of non-use.

Strategic Advice: Applicants should carefully consider the specification of goods and services at the filing stage and continuously manage evidence of actual use after registration.

Extension and Declaration of Non-Use

  • Extensions: For the third-year DAU, an extension may be available if requested before the deadline.
  • Non-Use Exceptions: In certain circumstances, where the trademark cannot be used for valid reasons, a Declaration of Non-Use may be filed instead of a DAU.

Practical Considerations

The DAU system is one of the most important maintenance requirements in Philippine trademark practice.

In particular, foreign applicants may overlook DAU deadlines after filing or registration, which can result in the loss of rights. Trademark owners should systematically manage DAU deadlines, monitor actual use of the mark, and maintain appropriate evidence showing use in the Philippines.

Our Support at TSUBAME IP Philippines

At TSUBAME IP Philippines, we assist clients with comprehensive post-registration trademark maintenance, including:

  • DAU deadline management
  • Review of use evidence
  • DAU filing
  • Declaration of Non-Use matters
  • Post-registration maintenance strategy