SCHEDULE
(See section 158)
AMENDMENTS
Year Act No. Short title Amendment
(1) (2) (3) (4)
1956 1 The Companies (I) 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, o) any other person under the Trade Marks Act, 1999;
may be deemed to be undesirable by the Central Government within the meaning ol 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."
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