Descriptive Terms in Names
- Terms describing the business must indicate the primary purpose.
- If two descriptive terms are used, the first refers to the primary purpose, the second to a secondary purpose.
Name Uniqueness and Distinctiveness
- Names must not be identical, misleading, or confusingly similar to those already registered with the SEC or DTI.
- Proposed names similar to registered names must have at least one distinctive word.
Use of Trade Names
- Business or trade names different from the registered corporate or partnership name must be indicated in the articles of incorporation or partnership.
- Trade names or trademarks registered with the Intellectual Property Office cannot be used without owner consent.
Use of Personal Names
- Consent is required from the person or their heirs if their name or surname is included, unless the person is a stockholder, member, partner, or a declared national hero.
- If the person is unidentifiable, an explanation for using the name must be provided.
Initials and Different Business Descriptors
- The meaning of initials in the name must be disclosed in writing.
- Names including a descriptive business term differing from a similarly named registered company may be allowed.
Restrictions on Names
- Names must not be patently deceptive, confusing, or contrary to law.
- No use of identical coined or appropriated words without consent or stockholder/partner status.
- Names similar to internationally known foreign corporations require consent.
- Use of "Philippines" in a foreign corporation subsidiary's name must be in parentheses (e.g., "(Philippines)").
Prohibited Words by Law and Policy
- Prohibited terms by special laws include "Finance", "Engineer", "Bank", "United Nations", "Bonded" under specific conditions.
- Prohibited terms by policy include "Investment(s)" (except for investment companies), "National", "Asean", "Calabarzon", and "Philippines 2000".
Use of Dissolved Firm Names
- Names of dissolved firms cannot be used for three years post-dissolution unless approved by majority stockholders of the dissolved firm.
Undertakings by Registrants
- Registrants must submit an undertaking to change their name if it conflicts with prior rights or is confusingly similar to an existing registered name unless included in their articles.
Effectivity
- These revised guidelines take effect fifteen (15) days after publication in a newspaper of general circulation.