Qualifications and Application for Registration
- Any natural person at least 21 years old or any juridical person not disqualified by law may apply.
- Juridical persons already registered with the SEC using only their legal registered name need not register under the Business Name Law.
- Applications must be filed with the Bureau of Trade Regulation and Consumer Protection or DTI Provincial Offices using prescribed forms.
Required Documents for Application
- Natural persons must submit two passport-sized photos taken within one year.
- Corporations/partnerships must provide certified copies of Articles of Incorporation/partnership and SEC registration certificates.
- Renewal applicants may waive documents if there were no amendments, with certification to that effect.
- Foreign applicants must submit Alien Certificate of Registration and Board of Investments registration.
- Small manufacturers/processors with capital not exceeding P5,000 must provide retail trade permits.
- Proof of Filipino citizenship must be submitted by naturalized or elected Filipino citizens.
- Compliance with the Bulk Sales Law is required if goods were acquired outside the ordinary course of trade.
- The Director may request additional documents to protect government and public interests.
Prohibited Business Names for Registration
- Names representing illegal, immoral, scandalous activities, or contrary to propriety.
- Names inimical to state security.
- Names confusingly similar to existing registered business names, considering business nature, products, location, capitalization, spelling, sound, meaning.
- Names that cannot be appropriated by law.
- Names suggesting quality that are descriptive or generic in nature.
- Government names used in official functions.
- Names/abbreviations of nations or international organizations without authorization.
- Misleading business names regarding the nature of the business.
- Use of franchise agreements allowed for same names, assuring compliance with quality standards.
Grounds for Cancellation or Revocation of Registration
- Use of prohibited names as specified above.
- False statements in registration applications.
- Non-use of registered names visibly for 90 days post-registration.
- Cancellation of business licenses or change of business inconsistent with registered name.
- Use in business activities endangering state security.
- Use for immoral or illegal business purposes.
- Failure to operate business within six months from registration.
- Expired registrations not renewed within six months will be cancelled following public notice.
Registration of Branch Offices and Address or Business Line Changes
- Certificate of registration is valid only at the address on record.
- Separate registration is required for each branch office opened.
- Written notice must be given to DTI of change in address or line of business within 10 days.
Effectivity
- The rules take effect immediately upon publication in two newspapers of general circulation.