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

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

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Gift this article