Section 22 of companies act

Pvt ltd 1203 views 2 replies

ketanvyas

proprietor

33 Points Joined March 2012

Dear Friends,

I have an urgent query regarding section 22 of Companies Act, 1956 which adresses rectification of name. As we know, there is a time limit of 5 years given to a registered proprietor of the trademark. However, time given for order by Regional Director is just 12 months. Thus, there is a contradiction. Since trademark Act, 1999 has amended section 22, the amendment can be given effect in true spirit only if period of five years is granted for change of name. I request the members to present their views in the matter. I will be really obliged if any favourable case law is cited which can help my cause. Thanks in advance to all.

Replies (2)

sangram ghatge

company secretary in practice

198 Points Joined May 2012

dear ketan,

the provision in companies act states period of 12 months. after the expiry of that period you, can file a case in court under the trade mark act. i dont know any exact case law on this issue. but i do know that around the year 2008-09, software gaint company "INFOSYS" had sent notices to all those using the word 'infosys' in their name. they had asked to get the names changed or else legal action will be taken.

regds,

sangram