RE : Black Ops Airsoft, Inc.

November 11, 2003 SEC OPINION NO. 56-03 Mr. Norberto C. Claudio Team Black Ops, Inc. 1403-A Paz St., Paco, Manila RE : Black Ops Airsoft, Inc. S i r : This pertains to your letter dated 15 September 2003 requesting for Black Ops Airsoft, Inc. to change its registered name and desist from using the terms "Black Ops" as part of its corporate name. Perusal of your corporate name showed that the terms "Black Ops" are two (2) generic words. The term "black" may connote dark in color, soiled, connected with or invoking the supernatural and especially the devil, or gloomy. 1 Moreover, the term "Ops" refer to a Roman goddess of abundance and wife of Saturn. 2 These generic words are not capable of exclusive appropriation except when the following elements must concur: 1. The corporate name was subject to: a. exclusive and b. continuous use for a long period of time. It must be noted that after the lapse of five (5) years, a prima facie presumption of continued use for a long period of time arises. aTSEcA 2. The corporate name as a generic word has lost its primary meaning 3. The public mind has associated the generic word with the corporate name In the case at bar, Team Black Ops, Inc. was registered on 04 September 2003 and Black Ops Airsoft, Inc., was registered on 12 September 2003. Obviously, both corporations had not continuously existed for a long period of time for the generic words, "Black Ops" to lose their primary meanings. In addition, both names comply with the rule that if a proposed name is similar to the name of a registered firm, the proposed name must contain at least one distinctive word different from the name of the company already registered. 3 In view of the said circumstances, we regret to inform you that your request is DENIED. Black Ops Airsoft, Inc., as well as your corporation, can use the term "Black Ops" as part of your respective corporate names. DHETIS Very truly yours, (SGD.) VERNETTE G. UMALI-PACO General Counsel Footnotes 1. http://www.m-w.com/cgi-bin/dictionary. 2. Ibid. 3. SEC Memorandum Circular No. 14 otherwise known as the Revised Guidelines in Approval of Corporate and Partnership Names.