The Trade Marks Act, 1999

THE SCHEDULE

(See section 158)

AMENDMENTS

Year Act No. Short title Amendment

1956 1 The Companies

Act, 1956

(1) In Section 20, for sub-section (2), the following

sub-sections shall be substituted, namely:—

―(2) Without prejudice to the generality of the foregoing

power, a name which is identical with, or too nearly

resembles,—

(i) the name by which a company in existence has

been previously registered, 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,

may be deemed to be undesirable by the Central

Government within the meaning of sub-section (1).

(3) The Central Government may, before deeming a name

as undesirable under clause (ii) of sub-section (2),

consult the Registrar of Trade Marks.‖.

(II) In section 22, in sub-section (1),—

(i) for the portion beginning with ―if, through‖ and

ending with ―the first-mentioned company–‖ the

following shall be substituted, namely:—

―If, through inadvertence or otherwise, a company on

its first registration or on its registration by a new

name, is registered by a name which,—

(i) in the opinion of the Central Government, is

identical with, or too nearly resembles, the name

by which a company in existence has been

previously registered, whether under this Act or

any previous companies law, the first mentioned

company, or

(ii) on an application by a registered proprietor of a

trade mark, is in the opinion of the Central

Government identical with, or too nearly

resembles, a registered trade mark of such

proprietor under the Trade Marks Act, 1999,

such company,—‖;

(ii) the following proviso shall be added, namely:—

―Provided that no application under clause (ii)

made by a registered proprietor of a trade mark

after five years of coming to notice of

registration of the company shall be considered

by the Central Government.‖.