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Confliction of name with registered trademark.

This query is : Resolved 

11 June 2015 Dear All,
If there is a registered Trademark in the name of ABC owned by Proprietor/Partnership Firm. (Suppose in Class 30 - Food related Products).

Now can i get my Company name in the name of ABC Foods Private Limited or ABC Bakery Private Limited or ABC Eatery Private Limited?


11 June 2015 You can get the company name under the style of ABC...foods etc...provided the same name company is not in existence vis a vis the name should depict the general activity of the company.

The proprietor or partnership is having trade mark in the same name i.e.ABC will not be a bar in getting your company registered.

11 June 2015 Company cannot get such name.
Refer section 4(2)(b)(ii) read with rule 8(2)(ii) of companies (incorporation) rules.


It clearly says name shall be considered undesirable if it includes name of a registered or applied trademark unless consent of owner/ applicant as the case may be is obtained






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