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8box Solutions Inc.

REVENUE MEMORANDUM CIRCULAR NO. 53-2009 issued on October 1, 2009 circularizes the full text of Department Administrative Order (DAO) No. 11, Series of 2008 issued by the Department of Trade and Industry, further amending certain provisions of Department of Trade Administrative Order (DTAO) No. 80, Series of 1982, as amended, implementing Act 3883, as amended (also known as the Business Name Law).

Section 11, Rule V of DTAO No. 80, Series of 1982 is amended to read as follows:

“Section 11. THE FOLLOWING NAMES SHALL NOT BE REGISTRABLE:

  1. x x x
  2. (i) NAMES WHICH SO NEARLY RESEMBLES A BUSINESS NAME PREVIOUSLY REGISTERED WITH THE DEPARTMENT OF TRADE AND INDUSTRY, THE SECURITIES AND EXCHANGE COMMISSION (SEC) OR ANY OTHER GOVERNMENT OFFICE AUTHORIZED BY LAW TO REGISTER NAMES AS LIKELY TO CAUSE CONFUSION OR MISTAKE IN THE MINDS OF THE PUBLIC AND PREJUDICE THE INTEREST OF THE OWNER OF THE REGISTERED BUSINESS NAME TAKING INTO CONSIDERATION THE FOLLOWING:
        1. nature of the business
        2. products/services handled
        3. use of dominant/descriptive words
        4. spelling, sound and meaning
        5. such other factors as may be determined by the Secretary of the Trade and Industry.
  1. NAMES OF JURIDICAL PERSONS SUCH AS CORPORATIONS AND PARTNERSHIPS REGISTERED WITH THE SECURITY AND EXCHANGE COMMISSION, COOPERATIVES REGISTERED WITH THE COOPERATIVE DEVELOPMENT AUTHORITY (CDA) AND OTHER NAMES REGISTERED WITH THE GOVERNMENT AGENCIES ALLOWED TO REGISTER NAMES;
  2. NAMES OF JURIDICAL PERSONS OTHER THAN ITS REGISTERED NAMES WITH THE PROPER GOVERNMENT AGENCY OR SUCH “ADOPTED NAMES” WHICH ARE REQUIRED TO BE INDICATED IN THE ARTICLES OF INCORPORATION/PARTNERSHIP, COOPERATIVE, AND THE

x x x”

     Section 10 Rule IV of DTAO No. 80, Series of 1982, as amended by Section IV, Article III of DAO No. 6, Series of 1999, is amended to read as follows:

“In case of renewal OF REGISTRATION, the five (5)-year PERIOD OF VALIDITY of the Certificate of Registration shall be reckoned from the date of APPROVAL OF THE APPLICATION FOR SUCH RENEWAL.

ANY BUSINESS NAME WHOSE REGISTRATION IS NOT RENEWED WITHIN SIX (6) MONTHS FROM ITS EXPIRATION DATE SHALL BE AUTOMATICALLY CANCELLED FROM THE BUSINESS NAME RECORDS.”

     The second Section 12 in Rule VI of DTAO 80, Series of 1982 is deleted. Original and renewal registration of the names of juridical persons, including adopted names, shall no longer be allowed upon effectivity of DAO No. 11, Series of 2008.