SEC Adm. Case No. 01-13-285 ASSAB PACIFIC PTE.,LTD., PHILIPPINE BRANCH

SECURITIES AND EXCHANGE COMMISSION SEC Building, EDSA, Greenhills, Republic of the Philippines Mandaluyong City

PHILIPPINE BRANCH, ASSAB PACIFIC PTE. LTD. Appellant,

versus SEC En Banc Case No. 01-13-285

MONITORING DEPARTMENT COMPANY REGISTRATION AND Appellee.

DECISION

Ltd., - Philippine Branch ('Appellant') seeking the reversal of the Letter-Order & Monitoring Department of the Commission ('CRMD'?. The Assailed Order denied Appellant's application to use the proposed name "Assab Steels Philippines Inc." on the ground that the same name has been registered to another corporation under SEC Reg. No. 164505. dated 06 December 2012 ('Assailed Order") issued by the Company Registration Before the Commission En Banc is the Appeal filed by Assab Pacific Pte.

The facts of the case are as follows:

the Republic of Singapore and duly licensed by the Commission to transact business in the Philippines on 30 November 2006.1 It was established to and surface treatments for distribution but not limited to manufacturers of die sets for metal stamping and blanking, plastic mouids, extrusion, and die casting and other applications.? manufacture, produce, assemble and export steel plates, round bars, strip steel, cutting tools and related products and services including heat treatment services Appellant is a foreign company organized and existing under the laws of

1Records, p. 22. 2 Id.

111

Company Registration and Monitoring Department Assab Pacific Pte. Ltd. -- Philippine Branch v. SEC En Banc Case No. 01-13-285 Page 2 of 4

for the use or appropriation of the corporate name "Assab Steels Philippines Inc., argues that the word "ASSAB" stands for the mark "Associated Swedish Steels Aktiebolag" registered with the Intellectual Property Office on 05 December 1977 and renewed with a duration term of twenty (20) years ending 05 December arguing that the Commission already revoked the certificate of incorporation of the corporation with SEC Reg. No. 164505 using said corporate name. It further 2017 under Registration No. 25306. In a letter dated 08 October 2012, Appellant applied with the Commission

Appellant's application for the use or appropriation of the corporate name "Assab Steels Philippines Inc.," on the ground that the same is confusingly similar to the name of a registered corporation with SEC Reg. No. 164505 whose primary license has been revoked on 29 September 2003 for non-filing of reports through the Commission's Order dated 20 August 2003, but to which the remedy of filing pursuant to SEC Memorandum Circular No. 1, series of 2012.4 a petition for lifting the revocation order is still available until 31 December 2013 However, the CRMD, in a letter-order dated 06 December 2012, 3 denied

Hence, the instant Appeal.

denying Appellant's application for the use or appropriation of the corporate name "Assab Steels Philippines Inc." The sole issue in this Appeal is whether or not there is a valid ground for

reports, such as General Information Sheet and the Financial Statements, for the Commission on 07 June 1989 under SEC Registration No. 164505. In the Commission's Order dated 20 August 2003, it was included in the list of period of 1997 to 2002. corporations whose certificates of incorporation were revoked for non-filing of Records show that Assab Steel Philippines Inc.. was registered with the

to file said petition. within which a corporation, whose certificate of registration has been revoked for non-filing of reports, may petition the Commission for lifting said revocation order. circulars,5 have been issued by the Commission providing for additional period Based on said Circular, Assab Steel Philippines Inc. had until 31 December 2013 SEC Memorandum Circular No. .1, series of 2012, and prior-related

3 Id., pp. 17-18. 4 Dated 08 March 2012. 5 SEC Circular No. 4, series of 2008, and SEC Circular No. 15, series of 2009.

Company Registration and Monitoring Department Assab Pacific Pte. Ltd. -- Philippine Branch v. SEC En Banc Case No. 01-13-285 Page 3 of 4

September 2003, thus, the six-year period afforded for the use and appropriation the order of revocation ceased to be available to Assab Steel Philippines Inc. Also. it should be noted that its certificate of registration has been revoked on 29 of said corporate name pursuant to SEC Memorandum Circular No. 21, series of 2013 and other related Circulars has already expired. Considering the lapse of the aforementioned period, the remedy of lifting

is a name already protected by law? in favor of Appellant through its parent with the Intellectual Property Office on 05 December 1997 and renewed with a Singapore, the parent company of Appellant.1 Thus, prior to the incorporation of Assab Steel Philippines Inc. with SEC Registration No. 164505, the word "ASSAB" company, Assab Pacific Pte. " Ltd., Singapore, and predecessor-in-interest, Associated Swedish Steels Aktiebolag. duration term ending 05 December 2017 in favor of Assab Pacific Pte. Ltd., Moreover, it is worthy to note that the word "ASSAB" is a registered mark

reservation and subsequent use or appropriation of the corporate name "Assab Steels Philippines Inc." cease to exist. The matter should now be remanded to the CRMD for its further consideration. Given the foregoing, the grounds used by CRMD to deny appellant's

is hereby REMANDED to the appellee Company Registration and Monitoring appeal is closed and terminated insofar as the Commission En Banc is concerned. for the use or appropriation of the corporate name "Assab Steels Philippines Inc." Department of the Commission for its appropriate action. With that, the instant WHEREFORE, premises considered, the matter of appellant's application

SO ORDERED.

Mandaluyong City, 04 March 2014.

TERESITA J. HERBOSA 3.4 Chairperson

MA. JUANITA E. CUEf Commissioner MANUEL Commissioner TO B. GAITE

7 Republic Act No..8293, Intellectual Property Code. 6 Records, pp. 2-3.

Company Registration and Monitoring Department Assab Pacific Pte. Ltd. -- Philippine Branch v. SEC En Banc Case No. 01-13-285 Page 4 of 4

The dispositive part reads as follows:

is closed and terminated insofar as the Commission En Banc is appellant's application for the use or appropriation of the corporate name "Assab Steels Philippines Inc." is hereby REMANDED to the appellee Company Registration and Monitoring Department of the Commission for its appropriate action. With that, the instant appeal concerned "WHEREFORE,premises considered; the ' matter of

SO ORDERED.

Mandaluyong City, 04 March 2014."

m Mre: ElADIO'n Corhmissioner 1. JALA ANTONIETA FORTUNA-IBE Commissioner