How To Own Your Business Name in the Philippines

Starting a business in the Philippines is a big step, and registering your business name is one of the important first steps in that journey. After submitting your three proposals and getting the name you want, you might be celebrating prematurely, thinking that your name is fully protected. However, registering your business name with the DTI is mainly a compliance step that lets you operate and deal with the government under that name. It does not automatically secure your brand as a protected trademark.

Your trademark is how people discover you, remember you, and share you with their friends. It is the name, the sign, the identity of your business. If you want to make sure no one else can use it, you need to take the bigger step forward and register your trademark.

How your business name registration and trademark work together

Your DTI business name allows you to legally operate under that name anywhere in the Philippines. It sets the official name you use in your permits, receipts, tax filings, bank accounts, and contracts. However, it does not prevent someone else from using the same or a similar name for their own business. It also does not protect your logo, tagline, or other brand elements.

A registered trademark, on the other hand, gives you exclusive rights to your name, logo, or tagline for your products or services. For example, imagine you open a milk tea shop called Cross Your Teas. Registering that name with the DTI means you can legally run your business under that name. But if you also register Cross Your Teas as a trademark with IPOPHL, you gain the legal right to stop a competitor from using the same trademark or a confusingly similar one anywhere in the Philippines.

The Philippines is unique because the DTI business name database is now linked to the IPOPHL trademark database. When you apply for a business name, the system checks it against existing trademarks. If your proposed name is too close to a registered trademark, the DTI will reject it. This protects other people’s brands BUT it does not protect yours unless you secure your own trademark.

Doesn’t the law protect my unregistered trademark?

Many small businesses think an unregistered brand will stay safe as long as they keep using it. While there are some legal remedies under the Intellectual Property Code, such as claims for unfair competition or passing off, these are only reserved for older and more popular brands. Relying on these means you must prove that you have built goodwill and reputation in your brand, and that another business is misleading customers in a way that causes you actual damage. This is often difficult to prove and can become costly, time-consuming, and stressful, taking more resources than simply registering a trademark upfront.

In contrast, enforcing a registered trademark is much more straightforward. When your name or logo is properly registered, you already have clear legal proof that you own the brand. This protection applies even if you are a startup and have not yet built a strong reputation. It makes it easier to send a demand letter, file a complaint, or take action to stop others from using the same or a confusingly similar mark. Instead of spending time and money proving your reputation in court, you can focus on protecting your brand and growing your business with confidence.

How do I take the next step?

Registering your business name with the DTI is a good first step, but only trademark registration can secure your brand as your intellectual property. With a trademark, your brand becomes a business asset that you can enforce, license, or transfer.

By combining smart business compliance with a solid trademark and IP strategy, you secure your rights to your brand and give your business a fighting chance against the bigger or more established players in the market.

Ready to secure your trademark? Contact us here:
https://markport.com.au/contact-us/

Useful Links:
DTI Business Name Registration System: https://bnrs.dti.gov.ph/
Intellectual Property Office of the Philippines (IPOPHL): https://www.ipophil.gov.ph/
Philippines TM FAQs: https://markport.com.au/trademarks-faq-for-the-philippines/