🇵🇭 The Philippines · reviewed 2026-10-09
Trademarks and IP for franchisors in the Philippines
Every franchise agreement contains a trademark licence, and in the Philippines that licence only binds outsiders once it is on the record at IPOPHL. Register the mark early, record the licence, and keep the quality-control clauses the IP Code expects.
Licence recording
- A trademark licence must give the licensor effective control over the quality of the goods or services. Recording the licence with IPOPHL is voluntary, but under IP Code section 150.2 the licence has no effect against third parties until it is recorded; between the parties it remains valid. Secondary · Chambers Franchising 2025, Cruz Marcelo & Tenefrancia, 2025-01-01Official · RA 8293 (IP Code), Lawphil, 1997-06-06
Know-how and manuals
- Because a franchise agreement is a technology transfer arrangement, the licence of know-how and operating manuals is subject to the same banned and mandatory clauses. A no-contest clause on the franchisor's IP is one of the clauses section 87 presumes anti-competitive. Official · RA 8293 (IP Code), Lawphil, 1997-06-06
Checklist before you sign a Philippine partner
- File the word mark and logo with IPOPHL in your own name, not the partner's, before brand talks become public.
- Record the trademark licence with IPOPHL once the agreement is signed, so it can be enforced against third parties.
- Keep the quality-control, inspection and manual-update rights in the agreement; they are what make the licence valid.
- Register local-language or Filipino versions of the brand name if you plan to use them on menus or signage.
More on the Philippines
Franchising in the Philippines: the 2027 guide for foreign franchisorsFranchising into the Philippines: no franchise statute, IP Code rules, EO 169 for MSMEs, retail ownership thresholds and 25% royalty tax, sourced.Franchise law and registration in the PhilippinesNo franchise statute: what the IP Code requires in a franchise agreement, when registration is needed, and what EO 169 asks of franchisors.Can foreigners own a business or franchise in the Philippines?Foreign ownership of a Philippine franchise operator: RA 11595 retail capital, the 13th Negative List and Foreign Investments Act thresholds.Tax on royalties and franchise fees in the PhilippinesPhilippine tax on franchise royalties: 25% final withholding, 12% VAT withheld by the payor, treaty relief under RMO 14-2021 and who bears the cost.Finding a master franchisee in the PhilippinesHow to find and vet a master franchisee in the Philippines: where to meet candidates, the capital rules that shape the deal, and a vetting checklist.ASEAN franchise law comparatorSeven ASEAN markets side by side, from Vietnam to Singapore, with sources.
