The Tooth Doctor wins business name tussle vs D’Tooth Doctors

THE Securities and Exchange Commission (SEC) sided with dental clinic The Tooth Doctor in a tussle with D’Tooth Doctors Co. over their “confusingly similar” business names.

In a decision dated Jan. 16, the SEC en banc ordered D’Tooth Doctors to change its name after assessing that this was quite similar to another business entity, “The Tooth Doctor,” which was established at a much earlier date.

“Without a doubt, the two contending business names... are indeed misleading and confusingly similar, especially since both businesses are owned by dental doctors and engaged in dental services,” the SEC said.

Lilli Ann D. Fernando, who owns a dental clinic located inside Robinsons Galleria in Ortigas, had sought to register The Tooth Doctor, Inc. as a corporation with the SEC in 2014.

Prior to this request, The Tooth Doctor was already registered with the Department of Trade and Industry (DTI) since June 5, 1996. The Intellectual Property Office had also approved Ms. Fernando’s registration of the The Tooth Doctor trademark on Jan. 1, 2010 for period of 10 years.

However, the SEC’s Company Registration and Monitoring Department rejected Ms. Fernando’s application due to the existing registration of D’Tooth Doctors, saying it is “deceptively or confusingly similar” to the latter’s name. D’Tooth Doctors has been registered with the SEC since Nov. 20, 2008.

Appealing the decision, Ms. Fernando noted she had the right to use “The Tooth Doctor” as she has been using the name way before D’Tooth Doctors did.

In its Jan. 16 decision, the SEC en banc cited Section 18 of the Corporate Code of the Philippines in coming up with the decision, which stated in part that: “No corporate name may be allowed by the SEC 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 laws.”

With this as basis, the commission accepted Ms. Fernando’s argument, thereby granting them permission to use the corporate name “The Tooth Doctors, Inc.”

“The appellant (Ms. Fernando) has adequately proved that she has acquired a prior right to the use of the name. Consequently, this Commission rules that the appellee dental professional partnership (D’Tooth Doctors) be directed to change its partnership name immediately upon receipt of the Commission’s notice or directive,” the SEC en banc said. —