Trade Name Registration (DBA) - Everything you need to know

Trade Name Registration is the process of registering the name or brand under which a business or enterprise operates. It is a legal requirement for businesses to register their trade name in order to conduct business activities and transactions in the Philippines. A trade name is often used interchangeably with a business name or a fictitious name, and it is the name that the public identifies a business with. The registration process is overseen by the Department of Trade and Industry (DTI) in the Philippines.

Trade Name Registration is important for businesses in the Philippines because it provides legal protection and exclusivity for the use of a business name. When a business registers its trade name, it becomes the exclusive owner of that name and can prevent others from using a similar or identical name that could cause confusion among consumers. This helps businesses establish their brand identity and reputation, and also helps prevent unfair competition and infringement of intellectual property rights. In addition, trade name registration is often required before a business can obtain other licenses and permits to operate legally in the Philippines.

Before applying for trade name registration, businesses must ensure that the proposed trade name is available and not yet registered or reserved by another entity. This can be done through the online Business Name Verification System provided by the Department of Trade and Industry (DTI).

Businesses must fill out the application form for Trade Name Registration, which can be obtained from the DTI or downloaded from its website.

The applicant must provide a valid ID, such as a passport or driver’s license.

Businesses are required to pay the necessary fees for Trade Name Registration.

After the trade name has been registered, the business is required to publish a notice of registration in a newspaper of general circulation in the locality where the business is located.

Trade Name Registration is valid for five years and must be renewed before it expires to avoid cancellation.

Businesses must also comply with other legal and regulatory requirements for operating a business in the Philippines, such as registering with the Bureau of Internal Revenue (BIR) and obtaining the necessary permits and licenses.

An employer can terminate an employee during the probationary period in the Philippines. The probationary period is a trial period for both the employer and employee to assess if they are a good fit for each other.

Under the law, the maximum probationary period is six months, unless otherwise provided by the employment contract or collective bargaining agreement. During this period, the employer can terminate the employee for any valid reason, such as poor performance, misconduct, or violation of company policies and procedures.

However, the employer must still comply with the due process requirements, which include:

It is legal to hire foreign employees in the Philippines, subject to the requirements and procedures set by the Department of Labor and Employment (DOLE) and other government agencies.

The following are the general guidelines for hiring foreign employees in the Philippines:

1.  Conduct a name search to ensure that the proposed trade name is not already taken or too similar to an existing trade name.

2. Prepare the necessary documents, which typically include:

The process may vary depending on the specific requirements of the DTI office in charge of the application. It is recommended to consult with a legal professional or business advisor for guidance throughout the process.

3.  Submit the documents and pay the registration fee to the Department of Trade and Industry (DTI) office that has jurisdiction over the applicant’s place of business.

4. Wait for the DTI to process the application. If the application is approved, the applicant will be issued a Certificate of Registration.

In the Philippines, the process for renewing a Trade Name Registration is similar to the process for initial registration. The business owner must file a renewal application with the Department of Trade and Industry (DTI) before the expiration of the current registration. The renewal application must include the original copy of the current Certificate of Business Name Registration and a copy of the owner’s valid government-issued ID. The DTI will then process the application and issue a new Certificate of Business Name Registration once the renewal fee is paid. It is important to note that the renewal period for Trade Name Registration is every five (5) years. Business owners must ensure that they renew their registration on time to avoid penalties or cancellation of their registration. In case a business owner fails to renew the Trade Name Registration within the prescribed period, they may apply for reinstatement of the registration within six (6) months from the expiration date upon payment of the corresponding fees and penalties. Beyond six (6) months, the owner may need to apply for a new registration.

The fees for Trade Name Registration in the Philippines may vary depending on the specific requirements and procedures of the local government unit or agency involved. Generally, the fees may include filing fees, publication fees, and other miscellaneous fees. These fees are typically paid to the concerned local government unit or agency during the application process. The specific amount and payment process can be obtained from the local government unit or agency where the application will be filed.