The Law Firm of CONTACTO NIEVALES and Associates!

07/06/2005
CNLEXFIRM is now on last phase of launching its Trademark Watching Services, to be officially known as "cnlexfirm - iWATCH". Please watch out for its launching in the coming days! Another innovation only from CNLEXFIRM. We innovate for excellence! Read More!

Total of 9 FAQ

1	Question
	What is the term of registration/renewal for trademark applications registered before January 1, 1998 or filed before January 1, 1998 and published in the IPO Official Gazette for opposition prior to December 1, 1998?
	Answer
	The term of registration and renewal is 20 years. The renewal is due on or before the year 2018 upon the grant of renewal. The Renewed Registration has a term of 10 years from the date of issuance.

2	Question
	How do one maintain the above registration? Is it possible to obtain an extension?
	Answer
	An affidavit of use must be filed within one (1) year from the 5th, 10th and 15th anniversaries of registration or renewal (counted from the date of registration). It is not possible to obtain an extension to file the 5th, 10th and 15th affidavit of use.

3	Question
	What is the term of registration for trademark applications filed before January 1, 1998 but published in the Official Gazette of the IPO for opposition after December 1, 1998?
	Answer
	20 years.

4	Question
	For trademark applications filed on or after January 1, 1998, what document must be submitted in order for that the trademark application will not be denied? Is the submission of this document subject to extension?
	Answer
	A Declaration of Actual Use (DAU) must be filed within three (3) years from the date the application was filed. A single six (6) month extension to file the DAU may granted, provided the request for extension is filed on time.

5	Question
	What is the term of a Tradeamrk Registration renewed on or before January 1, 1998? How about if it was renewed after January 1, 1998?
	Answer
	20 years if renewed before January 1, 1998 and 10 years if renewed after January 1, 1998

6	Question
	For registered trademarks with a remaining term, as of January 1, 1998, of more than six (6) months (renewal date on or after July 2004), what document must be filed?
	Answer
	5th year affidavit of use/non-use must be filed.

7	Question
	For registered trademarks with a remaining term, as of January 1, 1998, of six (6) and a half years or less (renewal date before July 1, 2004), what document must be filed?
	Answer
	15th year affidavit must be filed.

8	Question
	A Trademark Registration renewed under the new Intellectual Property Code for a further ten (10) year term, what document must be filed?
	Answer
	5th year affidavit of use/non-use must be submitted. Registrant can still file the renewal of the trademark registration so long as the mark is being used.

9	Question
	When must a renewal of the trademark registration be filed?
	Answer
	The renewal must be filed within six (6) months before the expiration of the term of the trademark registration or within the six (6) months grace period after its expiration (with payment of addtional fee for late renewal).