PFA - Philippine Franchise Association

HowHOW TO INVEST IN THE RIGHT FRANCHISE

What is franchising?
Franchising refers to the method of practicing and using another’s perfected business concept. In a franchise relationship, the franchisee is granted the right to market a product or a service under a marketing plan or a system that uses the trademark, name, logo and advertising owned by the franchisor.

What are the different types of franchising?
Product franchising, also known as trade name franchising, is that type of franchising wherein a manufacturer grants a franchisee the right to sell its products, but with no method of doing business. Examples of this type of franchising are car dealerships and service stations.

The business format franchising, also identified as a name and process franchise, features a broader and ongoing relationship between the franchisor and the franchisee, wherein aside from granting the right to use the name and market the products and services of the franchisor, the franchisee is also provided a complete plan for managing and operating the business – a transfer of the proven way of doing business that has been developed by the franchisor. This plan often includes a full range of services, including site selection, training, product supply, marketing plans and even assistance in obtaining financing. All of the franchisor’s operating systems, technical expertise, marketing systems, training systems, management methods and essentially all relevant information, are transferred to the franchisee.

With the means of distributing goods and services perfected, rapid expansion of a successful business concept occur more quickly. Modern day franchising is primarily in the business format mode, accounting for around 90% of franchise businesses worldwide. PFA is an association of franchisors who are into business format franchising.

TrademarksTRADEMARKS ONLINE FILING SYSTEM

Frequently Asked Questions

1. What rules will govern electronic filing of trademark applications?

The Intellectual Property Code and the Trademark Regulations will apply to all applications filed electronically. The trademark applications will likewise be examined in accordance with the same rules and regulations that govern applications that are filed personally by applicants and/or their agents or representatives with the IP Philippines.

2. What do I need to file an application?

You must accomplish the electronic form completely and ensure that all the fields marked compulsory are filled out; otherwise, your application will not be accepted. Before submitting the application form, you should attach an electronic reproduction of the mark subject of the application.

3. What are the specifications for the reproduction of the mark?

The mark should be scanned and saved in .jpeg format (should not exceed 1 megabyte). Its dimensions should be 50.8 mm (height) x 76.2 mm (width) (or 2 in x 3 in). The mark should be in black and white, unless there is a claim for color/s.

4. How can I pay the fees? There are two payment options:

  4.1. If you are a corporate depositor of Banco de Oro (BDO) and you have enrolled in the bank’s online payment system, choose BDO as your payment option. Upon completing the online application form, you will be directed to the BDO’s payment gateway facility and given instructions on how to pay the fees.

   4.2. If you are an individual filer, you may choose Bank of the Philippine Islands (BPI) as your payment option. Upon completion of the online application form, a statement of account with a BPI reference number will be generated.

Bring the statement of account to any BPI branch and pay the amount stated in the document.

5. How will I know how much I need to pay?

The schedule of fees is available on the TM Online Website. The total fees will be automatically computed depending on the information you give in your online application form.

6. How will I know if my application and payment have been received by the IP Philippines?

Payment using BDO

  Immediately after paying the necessary fees, you will receive a confirmation from the bank that payment has been received, including the date and time of payment. Within 3 days from filing the application, you will receive an email from the IPOPHL containing the application number and filing date. The IPOPHL will also advise you if there are any problems with your application and/or payment. If you do not receive any confirmation of payment from the bank, this could mean that the IPOPHL did not receive your application. You should contact the bank about this.

Payment using BPI

   Within 3 days from paying at any BPI branch, you will receive an email from the IPOPHL containing the application number and filing date. The IPOPHL will also advise you if there are any problems with your application and/or payment.

7. What will happen if I receive a confirmation receipt from the bank, but I do not receive an email from the IP Philippines three days after filing an application?

You need to contact the IPOPHL:

   Telephone: +632-2386300 ext. 515 (Kahrene) or 365 (Roger)

   Email: kahrene.ragos@ipophil.gov.ph

   roger.tobongbanua@ipophil.gov.ph

Confirmation by BDO or BPI that payment has been made shall be considered prima facie evidence that the corresponding application was filed on the date and time of receipt by the bank of payment.

8. When will the application be considered filed? Philippine time (GMT +8:00) shall be controlling. Your application will be considered filed upon receipt of your payment. The official date of filing will be found in the confirmation receipt from BDO.

If payment is made with BPI, the date of filing will be the date of payment at any BPI branch.

9. How long will it take me to file the application electronically?

Electronic filing should not take more than 15 minutes, depending on the amount of information you are providing. The page will, however, expire if there is inactivity for 10 minutes.

10. If I am not domiciled in the Philippines or if my company is not doing business in the Philippines, can I or my company file an application online?

Yes. However, you need to state the name of your authorized resident representative or agent in your application. Within sixty (60) days from filing your application and without need of notice from the IP Philippines, you must submit a power of attorney or authorization designating your representative or agent, who must be domiciled in the Philippines and who may be served notices or processes in connection with your application. No further action will be taken on your application unless the power of attorney or authorization is submitted. You also need an account with the authorized bank to enable you to transact with the IPOPHL using TM Online.

11. What are the system requirements for filing applications online?

You should have a computer (Pentium III or higher and javascript enabled) with internet access. The recommended browser is Internet Explorer 5.5 or higher. Screen resolution of 1024 x 768 is also recommended. Turn of the pop-up blocker of the internet browser if you are a BDO payor.

Source: https://trademarks.ipophil.gov.ph/tmonline/TM_Online_FAQs_14Feb2012.pdf


 

For more details:

Intellectual Property Office of the Philippines
28 Upper McKinley Road, McKinley Hill Town Center
Fort Bonifacio, Taguig City 1634, Philippines
(632) 238-6300 to 65 loc 205, 121 – 122
752-4869
dittb@ipophil.gov.ph; mail@ipophil.gov.ph