The Philippines: Confusingly similar corporate names

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The Philippines: Confusingly similar corporate names

On August 3 2016, the Supreme Court, in GR 184008 docketed as Indian Chamber of Commerce of the Phils Inc (ICCPI) v Filipino-Indian Chamber of Commerce in the Philippines, Inc (FICCPI), affirming the decisions of the Securities and Exchange Commission (SEC) and the Court of Appeals (CA), ruled that ICCPI is identical and deceptively or confusingly similar to FICCPI, and that the latter has a better right to the FICCPI name.

The facts are as follows. The Filipino-Indian Chamber of Commerce of the Philippines, Inc (defunct FICCPI) was registered with the SEC on November 24 1951. However, it failed to request an extension of its corporate term on November 24 2001, hence its corporate existence expired on that date.

On January 20 2005, Maresh Mansukhani reserved the name FICCPI with the SEC. This was opposed by Ram Sitaldas who claimed to be a member of the defunct FICCPI, on the ground that FICCPI has been in use for a long time by the defunct FICCPI and that, hence, said name reservation by another person who is not its member is illegal. The SEC however, denied Sitaldas's opposition, and the latter appealed to the CA. While this case was pending, the SEC issued the certificate of incorporation to FICCPI.

Both the CA and the Supreme Court affirmed the SEC decision, and held that a corporation is ipso facto dissolved as soon as its term of existence expires. The SEC rules provide that the name of a dissolved corporation cannot be used by other firms for a period of three years, which was complied with by FICCPI when it reserved said name in 2005. The Supreme Court further held that the term "Filipino" is descriptive and cannot be considered as an effective differentiating medium necessary to avoid confusion.

Hechanova_Editha-100

Editha R Hechanova


Hechanova & Co., Inc.Salustiana D. Ty Tower104 Paseo de Roxas AvenueMakati City 1229, PhilippinesTel: (63) 2 812-6561Fax: (63) 2 888-4290editharh@hechanova.com.ph  

www.hechanova.com.ph

more from across site and SHARED ros bottom lb

More from across our site

Patent and trademark practitioners say arrival of barrister will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
Gift this article