When is an intended corporate name registrable?

Section 17 of the Revised Corporation Code of the Philippines, no corporate name shall be allowed by the Commission if it is not distinguishable from that already reserved or registered for the use of another corporation, or if such name is already protected by law, or when its use is contrary to existing law, rules and regulations.

When is an intended corporate name registrable?

When Is a Corporate Name Registrable?

Under Section 17 of the Revised Corporation Code of the Philippines, no corporate name shall be allowed by the Commission if it is not distinguishable from that already reserved or registered for the use of another corporation, or if such name is already protected by law, or when its use is contrary to existing law, rules and regulations.

When is a name not distinguishable?

In Section 17 of the Revised Corporation Code, a name is not distinguishable even if it contains one or more of the following:

(a) The word “corporation”, “company”, “incorporated”, “limited”, “limited liability”, or an abbreviation of one of such words; and

(b) Punctuations, articles, conjunctions, contractions, prepositions, abbreviations, different tenses, spacing, or number of the same word or phrase.

What actions can the SEC take if a corporate name is found to be not distinguishable, already protected by law, or contrary to regulations?

The Commission may summarily order the corporation to immediately cease and desist from using such name and require the corporation to register a new one, upon determination that the corporate name is: 

(1) not distinguishable from a name already reserved or registered for the use of another corporation; 

(2) already protected by law; or 

(3) contrary to law, rules and regulations. 

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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