Philippines Trademark Declaration of Actual Use (DAU): When to File, Evidence and What Happens If You Are Late

What is a Philippines trademark DAU: the one question it answers

DAU stands for Declaration of Actual Use. The owner declares to IPOPHL, at the prescribed checkpoints, that the mark is genuinely used in the Philippine market on the goods or services it is registered for, and attaches evidence of use. It asks one question only: is this mark actually being used in the Philippines?

Many countries have no equivalent duty, which is why foreign applicants are caught so often: money spent, certificate in hand, and a few years later the mark is no longer on the register. Two points matter. The evidence must point to the Philippine market — strong sales in another country cannot show use of this Philippine registration. And the evidence must match the goods or services you registered.

The application route itself is covered in how to register a trademark in the Philippines; for the process in time order, see the Philippines trademark application process. This article does not repeat the application stage.

When to file the declaration of actual use: three checkpoints, three starting points

The declaration is not a one-off filed after registration. There are several checkpoints, and they run from different starting points: some from the filing date, some from the registration date. They are:

• First: within three years from the filing date. Many owners have not launched yet at this point, and the certificate may not even have issued, so nobody is in maintenance mode.
• Second: within one year starting from the fifth anniversary of registration.
• After renewal: a declaration of use is also needed at renewal. Exactly which checkpoint applies after renewal, and how its window is counted, is described differently across public sources, so follow whatever IPOPHL currently publishes.

The easiest mistake is the starting point: the first runs from the filing date and the second from the registration date, not uniformly from the day the certificate arrives. The exact window, the accepted format and the submission method also follow IPOPHL's current publications and the notices it sends.

How validity, renewal, recordals and the use declaration fit into one timeline is covered in Philippine trademark validity and renewal.

Can the first checkpoint be extended: the request must come before the period ends

The first checkpoint can be extended by six months, provided the request is made before the three-year period ends and the prescribed fee is paid; whether it is granted is for IPOPHL to decide. The fee items and amounts follow IPOPHL's current fee schedule, and no figures are given here.

Two points to note:

• An extension only helps if requested before the checkpoint expires. Asking after the date is too late, so put the extension deadline in the compliance calendar as well, not only the checkpoint itself.
• Whether other checkpoints can be extended, and how, is not clearly published and should not be assumed; follow IPOPHL's current publications.

An extension buys time and does not replace evidence. If your launch will slip, the more reliable approach is to align the launch timetable with the checkpoints at the filing stage, as described below.

Philippines trademark evidence of use: what counts and what gets sent back

Usable evidence of use has to show three things at once: this mark, these goods or services, and genuine commercial use in the Philippine market, ideally across a span of time. Missing any one of the three weakens the whole file, however much material there is.

Typical materials include:

• Photographs of labels, packaging and hang tags bearing the mark, with mark and product legible.
• Photographs of the goods on sale in the Philippines, such as shelves, stores or trade fairs, ideally showing date and place.
• Local sales invoices or receipts, with descriptions matching the registered classes and the relationship to the owner made clear.
• Marketplace or website screenshots showing Philippine consumers can actually buy, with a visible date; an overseas-only site does not count.
• Advertising placement records and store photographs.

What tends to get sent back: material with no date or no visible location; evidence showing a version of the mark that differs from the registered one; only the last month or two of material, so no span of time; a long list of registered goods with evidence covering only one or two; and design mock-ups or internal documents with no external use.

If the mark is used under licence by a franchisee or distributor, most of the material sits with them, so the agreement should require use to a defined standard, retention and periodic supply of evidence, and handover when the relationship ends. A fuller preparation guide is in what to prepare for IP protection in the Philippines. Specific evidence standards and submission methods follow IPOPHL's current rules.

What if a Philippines trademark declaration of actual use is overdue: the consequence and what remains possible

If the declaration is not filed within the checkpoint, the mark is removed from the register, and this does not turn on whether you were in fact using it: miss the checkpoint and the result follows. Many owners were genuinely using the mark and simply did not declare it, which is the most galling way to lose it.

Whether any room remains after a missed checkpoint depends on the case; our sources do not set out a general route, so consult a licensed intellectual property lawyer rather than rely on this article. One point is clear: even if refiling is possible, the original filing date is lost and priority order has to be compared again.

So the practical work happens before the deadline:

• Record any change of address or agent promptly. Official notices go to the address on the file, and if it is out of date, the checkpoint reminder never arrives while the clock keeps running.
• Notices usually go through the agent; if the agent changed, the contact left or the mailbox died, the notice stops halfway.
• Leave a buffer before each checkpoint rather than filing in the last week.

For your own case, consult a licensed lawyer. This article is not legal advice and promises no result.

Putting the declaration on your calendar: five actions, and what to do if you have not launched yet

Treat the declaration as a track that starts on filing day, not as a reminder for later. It turns into five actions:

1. On filing day, put every checkpoint in the compliance calendar, noting whether each runs from the filing date or the registration date, and add the extension request deadline.
2. From the first Philippine sale, keep a record: invoices, packaging photographs and marketplace screenshots, filed with their dates. A span of time cannot be reconstructed later.
3. Organise by class: which goods or services each class covers and which evidence supports it. A class with no real trading cannot be kept when the checkpoint arrives without evidence.
4. Leave a buffer before each checkpoint.
5. Once a year, check the registrant name, address for service, email and agent on the file.

If your launch will be delayed, ask at filing: what evidence will I have when the first checkpoint arrives? If the honest answer is that you may not be selling yet, put it in the business plan. Workable options include aligning the launch timetable with the checkpoints, requesting an extension before the checkpoint if needed, or starting with small genuine sales. We do not recommend creating artificial records of use to meet a checkpoint; evidence must reflect real use, and whether it is sufficient is for IPOPHL to decide.

If you already hold a registered mark and are unsure when the next checkpoint falls or whether your evidence is enough, send us the registration details: have your declaration checkpoints and evidence reviewed.

This article is general information and not legal advice; deadlines, evidence standards and fees follow IPOPHL's current publications.

Mark already registered but unsure when the next DAU checkpoint falls or whether your evidence is enough? Send us the registration details and we will map the checkpoints and an evidence list first. → Philippine trademarks and IP