Hi
I run a pvt ltd company lets say abc technologies pvt ltd registered in 2010 registered in rajasthan.
now today i came over with another company by the name of just abc technologies started in 2012.
it is not pvt ltd but a partnership firm register in gujrat.
Now my question is; can he run a company same as my company's name.
isnt it illegal to run a company by the same name?
how can i force him to change the name?
Please suggest... Thanks
Hi
Unless you have registerd "abc technologies" as a brand name / trade mark, there is not much you can do about this.
If you wish that you do not want any other person to keep the name of your company ... take a copy right of your name... as it is just a partneship firm not much to worry ................if you do not take a copy right other person can register with your name with ROC...
if you take a copy right ROC will not accept the name....
Dear experts,
no two companies can run with a similar name and if it does the it should be brought to the notice of the registrar of company. Moreoveer, at the time of allotment of names to respective companies roc finds out if there is any other company with a similar name so that a different name is alloted in case of the presence of ( a similar company witha similar name ).
What i make out from your situation is that you need to get in touch with the roc of your state and explain your case.
Regards
Tanveer Md Masood.
| Originally posted by : satish kumar | ||
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If you wish that you do not want any other person to keep the name of your company ... take a copy right of your name... as it is just a partneship firm not much to worry ................if you do not take a copy right other person can register with your name with ROC... if you take a copy right ROC will not accept the name.... |
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You cannot copy right a Firm's name. You can however, get it registered with the trademarks office under the Trademark Act, 1999.
| Originally posted by : Tanveer Md Masood | ||
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Dear experts, no two companies can run with a similar name and if it does the it should be brought to the notice of the registrar of company. Moreoveer, at the time of allotment of names to respective companies roc finds out if there is any other company with a similar name so that a different name is alloted in case of the presence of ( a similar company witha similar name ). What i make out from your situation is that you need to get in touch with the roc of your state and explain your case. Regards Tanveer Md Masood. |
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It is absolutely correct that no 2 companies can operate in the same name, that too so recently incorporated ones. However, the case here is of a Partnership firm and a COmpany. SO approaching ROC will be of no help in the current case. What can be done is just getting a trademark of your Company's name to protect it from further misuse.
Dear experts,
Sec22 and sec 21 basically deals with change of name and anamoly i company's name. Sec.22 states that no two companies can run with the same name and if it does they need to get the approval of the central government .
Moreover, the owner of trademark can approach the central government regarding trade mark violation.
Regards
Tanveer Md Masood
| Originally posted by : Riddhi Thakkar | ||
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It is absolutely correct that no 2 companies can operate in the same name, that too so recently incorporated ones. However, the case here is of a Partnership firm and a COmpany. SO approaching ROC will be of no help in the current case. What can be done is just getting a trademark of your Company's name to protect it from further misuse. |
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Agree with Ms. Riddhi Thakkar, as the other being firm there is no violation of Companies Act, 1956 requirement as far as it relates to same name. And Abhimanyu, he is not running a co. with your company name as he is running a partnership firm which is not governed by Companies Act, 1956.
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