Republic of the Philippines

COURT OF APPEALS
Manila
FIFTH DIVISION
INTEL COMMUNICATION
TRADING CORPORATION,

CA-G.R. SP NO. 80608

Petitioner,
-versusINTEL CORPORATION,
INTEL TECHNOLOGY
PHILIPPINES, INC. AND
INTEL PHILIPPINES
MANUFACTURING, INC.,
Respondents,

MEMBERS:
SALAZAR-FERNANDO, Chairman,
ASUNCION-VICENTE, and
BATO, JR. JJ.
Promulgated:
JUL 29 2008

x----------------------------------------------------------------------------------x
DECISION
BATO JR., J.:
This is a petition for review under Rule 43 of the 1997 Rules of Civil
Procedure which seeks to reverse and set aside the Resolution 1 of the
Securities and Exchange Commission (SEC) in SEC case No.07-00-6671
entitled Petition for Compulsory Change of name with Preliminary Injunction

directing the petitioner to amend its corporate name by deleting the word
INTEL.
The facts of the case are as follows:
On July 4, 2000, herein respondents filed before the SEC a Petition for
Compulsory Change of Name with Preliminary Injunction. The petition alleges
among others that:

1. Petitioner Intel Corporation (Intel) is a foreign corporation organized and

existing under the laws of the State of Delaware
_______________________________
1 Rollo, Volume 1, pp. 36-40.

CA-G.R. SP NO. 80608

DECISION
United States of America. Petitioners Intel Technology Philippines, Inc. and
Intel Manufacturing, Inc., both subsidiaries of Intel Corporation (collectively
called petitioners), are domestic corporations duly organized under existing
laws.
2. Petitioners are suing under Section 18 of the Corporation Code in relation to
Sections 13, 147 and 165 of the Intellectual Property Code, as well as under

Articles 6bis and 6septies of the Paris Convention for the Protection of
Industrial Property and Article 16 of the Agreement on Trade Related Aspects
of Intellectual Property Rights to which the Philippines and the United States of
America are parties.
3. Petitioners have the capacity to maintain this suit. The country of which
petitioner Intel Corporation is national and domiciled, by treaty, convention or
law grants similar privilege to corporate or juristic persons in the Philippines.

4. Petitioner Intel Corporation was incorporated in the State of Delaware, United

States of America under that name on March 1, 1989. Since its incorporation,
petitioner Intel has been engaged in the business of designing, manufacturing,
distributing, and selling microprocessors, integrated circuit component,
system board and other computer or computer-related electronic and
electronic-related products. Petitioner Intel Manufacturing, Inc., was
incorporated as early as April 2, 1974 while Petitioner Intel Technology Phils.,
Inc. was incorporated on November 27, 1995.
xxx

5. Petitioner Intel and its subsidiaries are now the worlds largest manufacturers
of microprocessors (also known as CPU or brain of the computer), integrated
circuits and other computer-related products. Its microprocessors, all
manufactured and sold by Intel and identified by consumers under the
trademark, tradename and corporate name INTEL are installed in over 85% of
the personal computers worldwide.
6. Presently, petitioner Intel has more than fifty(50) subsidiaries, and/or affiliates
around the world all using the tradename and corporate name Intel.