Trademark Maintenance in the Philippines: How to Keep Your Brand Secured

October 14, 2025

Building a strong and recognizable brand is often the result of years, if not decades, of strategic work and investment. However, the work doesn’t stop once a trademark registration certificate is issued.

Trademark maintenance is a critical, ongoing process that safeguards your exclusive rights and ensures long-term brand value. In the Philippines, many business owners mistakenly treat trademark registration as a one-time legal hurdle, overlooking their post-registration obligations.

The Importance of Trademark Maintenance

Registering a trademark with the Intellectual Property Office of the Philippines (IPOPHL) is a significant step toward protecting your brand. However, failure to maintain your trademark can result in loss of rights, leaving your business exposed to infringement, loss of reputation, and competitive threats. Trademark maintenance is an ongoing process that goes beyond paperwork; it involves legal, operational, and strategic actions to preserve the strength and exclusivity of your brand in the marketplace.

Effective maintenance protects against cancellation for non-use, renewal lapses, and vulnerabilities that could be exploited by imitators or competitors. For businesses eyeing expansion, proper trademark management also supports franchising, licensing, and global brand strategies.

Key Post-Registration Requirements for Trademark Owners

After registration, trademark owners must satisfy several ongoing requirements to retain their exclusive rights:

Declaration of Actual Use (DAU)

First DAU: Filipino trademark law (Intellectual Property Code; RA 8293) requires owners to file a Declaration of Actual Use (DAU) with supporting evidence within three (3) years of the filing date. This proves that the mark is genuinely being used in commerce with the specified goods or services.
Subsequent DAUs: Additional DAUs must be filed within the fifth (5th) year from registration date, and every five years thereafter. Failure to file on time can lead to the cancellation of the trademark.
Supporting Evidence: Actual use is documented through sales invoices, packaging, ads, websites, brochures, or receipts showing the mark as used in local commerce.

Renewal of Trademark Registration

Renewal Period: Trademark registrations in the Philippines are valid for ten (10) years from the registration date. Owners must file a renewal application within six (6) months before expiration or up to six months after, subject to surcharge fees.
Grace Periods: Missed deadlines can sometimes be remedied, but at extra cost and risk, underscoring the value of professional tracking and reminders.

Best Practices for Ongoing Trademark Maintenance

Proper maintenance is not just about filing DAUs or timely renewal. Effective brand protection involves proactive efforts, including:

Monitoring for Infringement

Regularly monitor the IPOPHL database and the market for newly filed or existing marks that may be confusingly similar to yours.
Professional monitoring services or trademark agents can notify you of potential threats in advance, enabling prompt action.

Enforcement and Defense

Immediately address possible instances of infringement, counterfeiting, or dilution.
Send cease-and-desist letters, file oppositions, and pursue legal claims if needed to establish a track record of defending your mark.

Updating Trademark Information

Inform IPOPHL of any changes in ownership, address, or business structure by filing the appropriate amendments.
Update the record for assignments, mergers, or changes to the coverage of goods/services.

Maintaining Use Across All Goods/Services

Ensure your trademark is used consistently across every class of goods or services covered in the registration. Non-use in a particular class may expose your trademark to partial cancellation.

Educate and Train Internal Teams

Empower employees, franchisees, or licensees on proper trademark use to avoid misuse, genericide, or unintentional dilution.

Common Pitfalls in Trademark Maintenance and How to Avoid Them

Even well-known brands are at risk if they neglect proactive upkeep of their trademark rights. Avoid these common missteps:

Failure to File DAUs on Time

Many marks are cancelled due to missed declarations—the most frequent reason for loss of trademark protection. Set up a robust calendar system or partner with a professional adviser to track all deadlines.

Allowing Trademark to Become Generic

Brands that become commonly used to describe a product category (like “escalator” or “aspirin”) lose their distinctiveness and protection. Always use trademarks as adjectives (e.g., “Kleenex tissues”), never as nouns or verbs.

Inconsistent Use

Varying the logo, design, or word mark in inconsistent ways weakens protection and may prevent enforcement.

Not Recording License Agreements

If others use your mark under a license (for franchising, distributing, or co-branding), properly document and record these with IPOPHL to stave off disputes.

Overlooking International Protection

For businesses expanding abroad, consider filing in relevant jurisdictions (via Madrid Protocol or direct national filings) and observing corresponding maintenance rules.

The Role of Professional Assistance in Trademark Maintenance

Trademark maintenance often involves strict procedural rules and detailed documentation, making professional support invaluable:

Deadline Tracking: Professional consultants or trademark agents systematically monitor, remind, and handle filing deadlines for all DAU and renewal requirements.
Document Preparation and Review: Experts ensure that all use evidence and renewal materials meet IPOPHL standards, increasing the likelihood of approval and minimizing the risk of costly mistakes.
Brand Monitoring and Enforcement: Through proactive surveillance of trademarks in the Philippines and overseas, consulting firms can identify potential infringements and initiate enforcement swiftly.
Strategic Brand Protection: Consultants provide strategic advice on trademark portfolio management, jurisdictional expansion, and using trademark rights for licensing and franchising.

For businesses in rapid growth, with multiple marks or cross-border interests, working with professionals like Triple I Consulting ensures seamless protection, compliance, and peace of mind.

Why Trademark Maintenance is Strategic for Philippine Businesses

In fast-moving markets, strong brands can be a company’s most valuable asset, but only if their legal protection is robust and actively maintained. Proper trademark maintenance:

Preserves Exclusive Rights: Prevents others from registering or using identical or similar names or logos.
Supports Expansion: Well-maintained marks are assets in franchising, licensing, or investor negotiations.
Builds Reputation: Continuous enforcement and visible use reinforce consumer trust and deter copycats.
Fulfills Legal Obligations: Maintains compliance with the IPOPHL and international treaties.

Without diligent maintenance, even registered marks risk lapsing, weakening, or being appropriated by competitors.

Final Insights

Trademark maintenance is the bedrock of brand security in the Philippines. By understanding regulatory requirements, establishing diligent maintenance routines, and seeking expert advice, companies ensure their business identity remains protected year after year. As the competitive environment intensifies, proactive trademark management isn’t just legal housekeeping; it’s a vital investment in your company’s future and reputation.

Is Assistance Available?

Yes. Triple I Consulting provides end-to-end trademark services that go beyond initial registration. Our services include:

Deadline monitoring for DAU filings and renewals
Evidence gathering, documentation, and submission to IPOPHL
Database watching and early warning of conflicting applications
Litigation and dispute support for oppositions and enforcement
Strategic advice on domestic and international trademark portfolio management

Our team provides comprehensive trademark maintenance services, ensuring every deadline is met and every asset stays safe. To learn how we can help, schedule an initial consultation: