Rectification of Name under Companies Act, 2013

Section 16 of the Company Act, 2013 talks about the Rectification of name of the corporate .

If, through inadvertence or otherwise, a corporation on its first registration or on its registration by a replacement name, is registered by a reputation which, —

a) within the opinion of the Central Government, is identical with or too nearly resembles the name by which a corporation alive had been previously registered, whether under this Act or any previous company law, it's going to direct the corporate to vary its name and therefore the company shall change its name or new name, because the case could also be , within a period of three months from the difficulty of such direction, after adopting a standard resolution for the purpose;

(b) the declaration by the registered proprietor or owner of trade mark that name is similar or nearly resembles to a registered trademark of proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the corporate , whether under this Act or any previous company law, within the opinion of the Central Government, is identical with or too nearly resembles to an existing trade mark, it's going to direct the corporate to vary its name and therefore the company shall change its name or new name, because the case could also be , within a period of six months from the difficulty of such direction, after adopting a standard resolution for the aim .


Powers delegated to RD

Section 458 of the businesses Act, 2013 empowers the Central Government to delegate its powers and functions to the Regional Director or the Registrar of Companies wherever required. In exercise of its powers under Section 458, the Central Government vide notification S.O. 4090(E) dated 19th December 2016, has delegated the powers and functions vested in it under certain sections of the Act, 2013 to the Regional Directors based at Mumbai, Kolkata, Chennai, New Delhi, Ahmedabad, Hyderabad and Shillong.

As per Section 16 of the businesses Act, 2013 Regional Director has the facility to order a corporation to rectify its name just in case the name of the corporate is identical with or too nearly resembles the name by which a corporation alive had been previously registered, whether under the Act, 2013 or any previous company law and to order rectification of name of the corporate ,if the declaration by the registered proprietor or owner of trade mark that name is similar or nearly resembles to a registered trademark of proprietor under the Trade Marks Act, 1999
_________________________________________
Draft of the appliance Given below-

To, Dated: …….

The Regional Director, Northern Region

Ministry of Corporate Affairs,


B-2 Wing, 2nd Floor,

Paryavaran Bhawan, CGO Complex,

New Delhi-110003

Subject: Application for changing the name of……………(CIN: ……………….) being identical and too resembling with the name of our Company (……………………….).

Respected Sir,

We, …………………., a corporation incorporated under the businesses Act, 2013 having its registered office at …………………… bearing CIN: ………………….wish to submit as under:

1. it's recently come to our knowledge that a corporation bearing the similar objects as our Company, was incorporated under ……………………….. under the name “M/s …………………………..) bearing Company number (CIN) …………………..”. The Registered office of the corporate is situated at ……………………..

The board of Directors of “MTPPL” consists of two Directors, the small print are as follows:

DIN Name Address E-mail ID Membership No./ Certificate of practice No., of any professional Institute.
– – – – –
– – – – –
The Copy of the e-forms and documents filed for Incorporation along side the Certificate of Incorporation as available on the MCA portal are attached herewith as 
_________________________________________

Annexure-I.

2. It seems that the Registrar of Companies (ROC) has inadvertently approved the name ………………….. However, as this name is identical and too nearly resembles with the name of our Company ……………………….. It can provides a misleading impression to the general public at large that the corporate is said to our Company or its Directors/KMPs or the business carried on by the corporate .

3. ……………………… isn't authorised to use the word ……………….. because it may be a registered trademark under the Trademark Act 1999. …………………. is that the registered owner of the mark. The mark ………………. has been registered under the subsequent class:

S No Trad Mark Application No. Class Status Valid Upto Goods and repair Description
– – – – – – –
4. ………………d has given the proper to still use the trade name/ trademark …………….” under the common law and in equity. The Copy of the registration certificate of tradename /trademark ………………” are attached herewith as Annexure II.

5. Our Company is principally engaged within the business …………………………. and still use the said registered mark ………………… and is providing wide gamut of services to a good network of consumers .

6. the utilization of the Trade-name / Trade mark ………………… illegally within the name of a company Identity by any third Party in respect of any services and / or products is sure to cause confusion and deception amongst the purchasing public and members of the Trade. Such act on the a part of any such third Party is unlawful, prohibited and can clearly amount to infringement/ passing of the brand name / Trademark …………….” as its own and making commercial gains from the utilization of the trade-name/ trademark.

7. If the name of …………” isn't changed then it'll cause irreparable monetary also as reputation and goodwill loss to our Company and trade-name/ trademark “……………… which has been accrued over a few years with its Customers, and therefore the general public, across the planet .


Applicable Law

8. Section 16 of the businesses Act, 2013 talks about the Rectification of name of the corporate .

If, through inadvertence or otherwise, a corporation on its first registration or on its 1999, made to the Central Government within three years of incorporation or registration or change of name of the corporate , whether under this Act or any previous company law, within the opinion of the Central Government, is identical with or too nearly resembles to an existing trade mark, it's going to direct the corporate to vary its name and therefore the company shall change its name or new name, because the case could also be , within a period of six months from the difficulty of such direction, after adopting a standard resolution for the aim .


9. Powers delegated to RD

Section 458 of the businesses Act, 2013 empowers the Central Government to delegate its powers and functions to the Regional Director or the Registrar of Companies wherever required. In exercise of its powers under Section 458, the Central Government vide notification S.O. 4090(E) dated 19th December 2016, has delegated the powers and functions vested in it under certain sections of the Act, 2013 to the Regional Directors based at Mumbai, Kolkata, Chennai, New Delhi, Ahmedabad, Hyderabad and Shillong.

As per Section 16 of the businesses Act, 2013 Regional Director has the facility to order a corporation to rectify its name just in case the name of the corporate is identical with or too nearly resembles the name by which a corporation alive had been previously registered, whether under the Act, 2013 or any previous company law and to order rectification of name of the corporate , if an application by a registered proprietor of a trade mark is formed to him that the declaration by the registered proprietor or owner of trade mark that name is similar or nearly resembles to a registered trademark of proprietor under the Trade Marks Act, 1999

Prayer

Base on the above, we hereby most respectfully and humbly pray to you to pass an appropriate order directing “…………….. to vary its name with immediate effect by removing the word ………………… from its corporate name, in accordance with the provisions of ……………….. otherwise it'll cause irreparable monetary also as reputation and goodwill loss to our Company.

We will be happy to supply any longer information, if so desired, during this regard.

Yours sincerely,

For ………………………….…………………….

Company Secretary

ACS No.: ……………….

Add: ……………………


Enclosures:

E-forms and documents filed for Incorporation along side Certificate of Incorporation

Trademark Registration Certificates

Comments