Madrid Protocol in the Philippines

Update

PH Supreme Court has recently affirmed the validity of PH’s accession to the Madrid Protocol

Review of Madrid Process

If PH has been designated in an international registration the Philippine IPO shall undertake the
examination of the mark in accordance with the Philippine IP Code and Trademark Regulations.

If the mark is refused, the IPOPHL shall notify the International Bureau. The holder may file response to
the IPOPHL and appeal final refusal.

If mark is allowed, the mark shall be published for purposes of opposition in the IPOPHL’s e-Gazette.

A PH Agent is required when:

1. There is a provisional refusal of protection and the holder intends to file a response;
2. There is an opposition proceeding after an allowed mark has been published; and
3. The holder intends to file a Declaration of Actual Use:
a. Within three years from the date of international registration; and
b. Within one year following the 5th anniversary of the date of grant of protection.