The Schedule
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THE SCHEDULE
(See section 158)
AMENDMENTS
Year
Act No.
Short title
Amendment
1956
1
The Companies
Act, 1956
(1) In Section 20, for sub-section (2), the following
sub-sections shall be substituted, namely:—
―(2) Without prejudice to the generality of the foregoing
power, a name which is identical with, or too nearly
resembles,—
(i) the name by which a company in existence has
been previously registered, or
(ii) a registered trade mark, or a trade mark which is
subject of an application for registration, of any
other person under the Trade Marks Act, 1999,
may be deemed to be undesirable by the Central
Government within the meaning of sub-section (1).
(3) The Central Government may, before deeming a name
as undesirable under clause (ii) of sub-section (2),
consult the Registrar of Trade Marks.‖.
(II) In section 22, in sub-section (1),—
(i) for the portion beginning with ―if, through‖ and
ending with ―the first-mentioned company–‖ the
following shall be substituted, namely:—
―If, through inadvertence or otherwise, a company on
its first registration or on its registration by a new
name, is registered by a name which,—
(i) in the opinion of the Central Government, is
identical with, or too nearly resembles, the name
by which a company in existence has been
previously registered, whether under this Act or
any previous companies law, the first mentioned
company, or
(ii) on an application by a registered proprietor of a
trade mark, is in the opinion of the Central
Government identical with, or too nearly
resembles, a registered trade mark of such
proprietor under the Trade Marks Act, 1999,
such company,—‖;
(ii) the following proviso shall be added, namely:—
―Provided that no application under clause (ii)
made by a registered proprietor of a trade mark
after five years of coming to notice of
registration of the company shall be considered
by the Central Government.‖.
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The Trade Marks Act, 1999 The document (PDF) On India Code
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