Trade Marks Act, 1999
THE SCHEDULE
(See section 158)
Amendments
| Year |
Act No. |
Short title |
Amendment |
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2 |
3 |
4 |
| 1956 |
1 |
The Companies Act, 1956 |
(1) In section 20, for sub-section (2), the
following sub sections shall Act, 1956 be substituted, namely:- |
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(2) Without prejudice to the generality of the
foregoing power, a name which is identical with, or too nearly resembles,- |
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(i) the name by
which a company in existence has been previously registered, or |
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(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. |
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May be deemed to be undesirable by the Central
Government within the meaning of sub-section (1). |
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(3) The Central Government may, before
deeming a name as undesirable under clause (ii) of sub section (2), consult
and Registrar of Trade Marks. |
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(II) In section 22, in sub-section (1), |
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(i) for the portion beginning with "if,
through" and ending with "the fist’ mentioned company" the
following shall be substituted, namely:- |
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"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,- |
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(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 |
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(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- |
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(ii) the following proviso shall be added,
namely :- |
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"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". |
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