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THE SCHEDULE

THE SCHEDULE

(SEE SECTION 158) AMENDMENTS

(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 (I),—
(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,—”,
(iii) 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”.
Raghbir Singh,
Secy, to the Govt. of India

 

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