The most frequently asked questions on trade mark prosecution in the Philippines concern the filing of the declaration of actual use (DAU). Prior to the promulgation of the IP Code on January 1 1998, proof of actual use of the mark in the Philippines was only required after the mark has been registered. However, under the IP Code, the applicant is required to file the DAU within three years from the filing date, and then, within one year from the fifth anniversary of the date of registration of the mark. Below are some of the more common concerns raised by applicants.