Name rejection by central registration centre
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
18 June 2016
Name of Company under name approval process got rejected by CRC on the basis that the wordmark INTERNATIONAL registered under class 99 of Trademark while i have checked that particular wordmark is just registered under 2 Classes 35 and 37.
name of my proposed company is "ABC(means some name) International Marketing Private Limited " with object of trading of dry fruits which not falls under any class.
CRC Remarked as follows:
The Proposed name includes registered trade mark "INTERNATIONAL" under class 99.The details of trade mark is as under vide Wordmark: INTERNATIONAL Application No. 1238342 Class 99 TRUCK INTELLECTUAL PROPERTY COMPANY. Hence, it is not considerable in view of provisions of rule 8(2)(a)(ii) of Companies (Incorporation) Rules, 2014. Furnish fresh names to avoid rejection.
WHAT DOES IT MEAN BY CRC THAT WORD INTERNATIONAL CAN'T BE USE ANY MORE?
name of my proposed company is "ABC(means some name) International Marketing Private Limited " with object of trading of dry fruits which not falls under any class.
CRC Remarked as follows:
The Proposed name includes registered trade mark "INTERNATIONAL" under class 99.The details of trade mark is as under vide Wordmark: INTERNATIONAL Application No. 1238342 Class 99 TRUCK INTELLECTUAL PROPERTY COMPANY. Hence, it is not considerable in view of provisions of rule 8(2)(a)(ii) of Companies (Incorporation) Rules, 2014. Furnish fresh names to avoid rejection.
WHAT DOES IT MEAN BY CRC THAT WORD INTERNATIONAL CAN'T BE USE ANY MORE?
19 June 2016
aCCORDING TO rULE 8 OF INCORPORATION RULE, THE WORD INTERNATIONAL CAN BE USED ONLY AFTER THE PRIOR APPROVAL OF CENTRAL GOVERNMENT
Querist : Anonymous
Querist :
Anonymous
(Querist)
19 June 2016
i gone through rule 8 of 2014, there is nothing mentioned about such requirement.
03 August 2024
The Central Registration Centre (CRC) has rejected your proposed company name due to concerns related to trademark registration. Here's a breakdown of the situation and the relevant rules:
### **Understanding the CRC Rejection**
1. **Trademark Class Concern:**
- The CRC has cited that the proposed name includes the word "INTERNATIONAL," which they believe is associated with a registered trademark in Class 99.
- According to their remark, this is preventing the use of the name because it is seen as a potential infringement or similarity issue.
2. **Rule 8(2)(a)(ii) of the Companies (Incorporation) Rules, 2014:**
- This rule is about the name availability and the restriction on using names that are identical or similar to registered trademarks or trade names.
- Rule 8(2)(a)(ii) specifically mentions that the name should not be "identical with or too similar to a registered trademark or trade mark".
### **Understanding the Issue**
- **Trademark Classes:**
- Trademarks are classified into different classes based on the goods or services they cover. Class 99 is a broad class for services, but if the trademark "INTERNATIONAL" is registered in specific classes that are similar to your business or could cause confusion, it may affect your name approval.
- **Wordmark and Classes:**
- Even if the trademark is registered under specific classes (35 and 37), the CRC's reference to Class 99 could be related to the broader categorization or misinterpretation.
### **Steps to Address the Issue**
1. **Verify Trademark Details:**
- Double-check the trademark registration details to confirm the classes under which the trademark is registered. This can be done through the [Trademark Registry](https://ipindia.gov.in/).
2. **Clarify with CRC:**
- Contact the CRC or the Registrar of Companies (ROC) to get clarity on why the trademark in Class 99 affects your proposed name. You may need to request an explanation or re-evaluate the specifics of the registered trademark.
3. **Consider Alternate Names:**
- Prepare and submit alternate names that do not include "INTERNATIONAL" or are less likely to conflict with the registered trademark.
4. **Seek Legal Advice:**
- Consult with a legal expert or trademark attorney to understand the implications of the trademark issue and how to navigate the naming process.
### **Rule 8 of Companies (Incorporation) Rules, 2014:**
- **Rule 8(2)(a)(ii):** This rule generally prohibits names that are identical or too similar to existing trademarks. The specific mention of "Class 99" might be a specific interpretation by CRC, but the general rule is to avoid names that could infringe upon existing trademarks or create confusion.
**Summary:**
The CRC's rejection is based on the potential conflict with a registered trademark, which they believe includes "INTERNATIONAL" under Class 99. To address this, you should verify the trademark details, seek clarification from CRC, and consider submitting alternative names that avoid potential conflicts.
### **Understanding the CRC Rejection**
1. **Trademark Class Concern:**
- The CRC has cited that the proposed name includes the word "INTERNATIONAL," which they believe is associated with a registered trademark in Class 99.
- According to their remark, this is preventing the use of the name because it is seen as a potential infringement or similarity issue.
2. **Rule 8(2)(a)(ii) of the Companies (Incorporation) Rules, 2014:**
- This rule is about the name availability and the restriction on using names that are identical or similar to registered trademarks or trade names.
- Rule 8(2)(a)(ii) specifically mentions that the name should not be "identical with or too similar to a registered trademark or trade mark".
### **Understanding the Issue**
- **Trademark Classes:**
- Trademarks are classified into different classes based on the goods or services they cover. Class 99 is a broad class for services, but if the trademark "INTERNATIONAL" is registered in specific classes that are similar to your business or could cause confusion, it may affect your name approval.
- **Wordmark and Classes:**
- Even if the trademark is registered under specific classes (35 and 37), the CRC's reference to Class 99 could be related to the broader categorization or misinterpretation.
### **Steps to Address the Issue**
1. **Verify Trademark Details:**
- Double-check the trademark registration details to confirm the classes under which the trademark is registered. This can be done through the [Trademark Registry](https://ipindia.gov.in/).
2. **Clarify with CRC:**
- Contact the CRC or the Registrar of Companies (ROC) to get clarity on why the trademark in Class 99 affects your proposed name. You may need to request an explanation or re-evaluate the specifics of the registered trademark.
3. **Consider Alternate Names:**
- Prepare and submit alternate names that do not include "INTERNATIONAL" or are less likely to conflict with the registered trademark.
4. **Seek Legal Advice:**
- Consult with a legal expert or trademark attorney to understand the implications of the trademark issue and how to navigate the naming process.
### **Rule 8 of Companies (Incorporation) Rules, 2014:**
- **Rule 8(2)(a)(ii):** This rule generally prohibits names that are identical or too similar to existing trademarks. The specific mention of "Class 99" might be a specific interpretation by CRC, but the general rule is to avoid names that could infringe upon existing trademarks or create confusion.
**Summary:**
The CRC's rejection is based on the potential conflict with a registered trademark, which they believe includes "INTERNATIONAL" under Class 99. To address this, you should verify the trademark details, seek clarification from CRC, and consider submitting alternative names that avoid potential conflicts.
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