Name availability (form-1a)

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Pooja (Querist)
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22 June 2012 Dear All,

I had applied for new name (in case of incorporating a new company) but the objection raised by ROC about which i am not really aware. please guide me if there is any notification regarding this, following the objection raised:-.

As per the facility provided for name search with the Trade Mark database, it has been observed that prefix 'PLANET' applied for by the applicant is a registered Trade Mark in same field. Trade Mark subject of an application by a person other than the applicant(s) in this application. Therefore, in terms of section 20(2) 9(ii) of the Companies Act, 1956, the same cannot be allowed unless there is No Objection Resolution/Certificate obtained from the owners of the Trade Mark. Resubmit accordingly with fresh names/NOC from the Trade Mark Owner. Form should be resubmitted by 08/07/2012 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)

Thanks in advance ...

Best Regards
Pooja

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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22 June 2012 As per provisions contained in Section 20 of the Companies Act, 1956, no company is to be registered with undesirable name. A proposed name is considered to be undesirable if it is identical with or too nearly resembling with:
(i) Name of a company in existence; 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.

After notification of “Companies (Name Availability) Rules,2011”, while applying for a name in the prescribed e-form-1A, using Digital Signature Certificate (DSC), the applicant shall be required to furnish a declaration to the effect that:
(i) he has used the search facilities available on the portal of the Ministry of Corporate Affairs (MCA) i.e., www.mca.gov.in/MCA21 for checking the resemblance of the proposed name(s) with the companies and Limited Liability Partnerships (LLPs) already registered or the names already approved.
(ii) the proposed name(s) is/are not infringing the registered trademarks or a trademark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999.

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