B. B. Shellcraft

April 29, 1983 B. B. Shellcraft 0347-R Quirino Avenue Don Galo, Paraaque Metro Manila Sir : This refers to your letter, dated April 5, 1983, enclosing therewith a copy of your letter to the Director, Bureau of Domestic Trade, posing some queries therein. It appears therein that E.B. Shellcraft is a single proprietor supplier/exporter of different lines of handicraft, duly registered with the Bureau of Domestic Trade under Registration No. 28255, dated November 25, 1980. You now pose the following queries: "1. If there will be a separate corporation that would be using the same name, but adding only 'corporation' or 'Company, Inc.' thus E.B. Shellcraft Corporation in full, and if the SEC approves such name, will this in any way, affect the export operation of the former (E.B. Shellcraft)? and, 2. Do you think this name (latter) will be allowed by the SEC after we show them that E.B. Shellcraft is solvent and still in existence?" Commenting on the issued within the jurisdiction of the Commission, the pertinent provision of the Corporation Code of the Philippines relative to your queries provides thus: "SECTION 18. Corporate Name . No corporate name may be allowed by the Securities and Exchange Commission if the proposed name is identical or deceptively or confusingly similar to that of any existing corporation, or to any other name already protected by law ,or is patently deceptive, confusing or contrary to existing law. ..." (Emphasis supplied). Accordingly, if E.B. Shellcraft has acquired a prior right to the use of said name under Act No. 3883, as amended, otherwise known as the Business Names Law, the Commission, having due notice thereof, shall forthwith refuse the registration of corporations bearing the names E.B. Shellcraft Corporation or E.B. Shellcraft Company, Inc. as they are identical or deceptively or confusingly similar to "E.B. Shellcraft", a name already protected by law. Please be advised accordingly. Very truly yours, (SGD.) JESUS J. VALDES Associate Commissioner