Take this post as a reminder that beyond the initial 3-year Declaration of Actual Use (DAU), you NEED to submit and do it again 2 years after that, for the 5-year DAU.

I’m happy to let you know that the process is exactly the same with my HOW TO guide in filing the 3Y DAU. The only difference is you need to pick “DECLARATION OF ACTUAL USE (5TH YEAR)” when doing so. Give the initial guide a read.

From here, the only thing I need to remind you is to make sure you have the actual DAU file notarized, of course. Apart from that, it should be smooth sailing.

What if your DAU proof was not being accepted by the examiner? You will know this is the case if IPOPHL emails you about it. Do you need to pay again? The answer is no. You simply have to resubmit proper proof as supporting DAU docs again to address your earlier submission. You do this by filing an office action on DAU through the same eDocFile portal. The process is the same as filing your DAU, only this time, there should be no payment involved.

Now what happens if you fail to do the 5Y DAU, despite having submitted the 3Y? Per IPO, this is an obligation you, as TM holder, need to do. Failing to do so can result to the cancellation of the TM. We don’t want to go there. I’ve been there. Don’t do it. It should be noted that you can apply for a 5Y DAU way earlier than the 5th year, so just do it earlier rather than go buzzer beater.

For a full explanation on how you can maintain your trademark, visit this page of the IPO Philippines.

Good luck, and keep your IPs safe!