Mrs. Lolita D. Serrano
SEC Opinion No. 44-03 • Securities and Exchange Commission • Opinions • Sep 9, 2003
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September 9, 2003 SEC OPINION NO. 44-03 Mrs. Lolita D. Serrano Resources for Educational & Allied Consultancy Habitat (R.E.A.C.H.), Inc. 2/F Uniwide Sales Metromall, Alabang-Zapote Rd. Las Pias City M a d a m : This refers to your letter dated 27 June 2003, inquiring whether the acronym indicated in the corporate name of Resources for Educational & Allied Consultancy Habitat (R.E.A.C.H.), Inc. is identical or deceptively or confusingly similar to REACH Training & Human Resources Development Institute, Inc. The Resources for Educational & Allied Consultancy Habitat (R.E.A.C.H.), Inc. was incorporated in August 11, 1999 with the following purposes: "1. To establish educational care center, develop allied technical skills, improve facilities and develop related programs pertaining thereat, for the purpose of providing educational and technical consultancy services including the care giving training course and other subsequent occupational/technical, and educational skills programs pertaining thereof geared towards the enhancement of productivity skill development of said individuals. ACTaDH 2. To promote and encourage the socio-economic advancement and physical, social, occupational, mental, habilitation/rehabilitation of regular and special learners, establishing facilities for their education and acquisition of productive skills and trades and assisting them in profitable employment of such skills and trades for independent and productive living in the future. 3. To organize, conduct and carry on any activity in relation to education and technical skills training which is necessary for or incidental to the purposes of the corporation." DHECac On the other hand, REACH Training & Human Resources Development Institute, Inc. was registered on 23 May 2003 with the following purpose: In all its corporate transactions with its clients, the complainant corporation is required to use its complete name and should represent the acronym R.E.A.C.H. as part of its corporate name. Should it desire to use only its acronym R.E.A.C.H. in its transactions then a tradename should be adopted by the corporation and proper amendment of its Articles of Incorporation should be made to indicate that it is doing business under the name and style of R.E.A.C.H. The tradename or business name should be registered with the Intellectual Property Office (IPO) and Bureau of Domestic Trade (BDT) to acquire exclusivity in the use thereof. Meanwhile, the word Reach remains generic and in no case will it lose its meaning. In view of the foregoing, your request to compel REACH Training and Human Resources Development Institute, Inc. to amend its Articles of Incorporation by deleting the word REACH in its corporate name cannot be given due course. Very truly yours, (SGD.) VERNETTE G. UMALI-PACO General Counsel
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