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TMI BlogGuiding instructions regarding availability of new names for registrationX X X X Extracts X X X X X X X X Extracts X X X X ..... on to these, the Registrars are requested to note the following general instructions also : 1. As the Registrars have hitherto been doing they should refer only doubtful and hard cases where they might find it difficult to take a decision, to the Research and Statistics Division at the Headquarters. 2. Where consultation with the Regional Director on the spot is possible, the Registrars would take advice before referring doubtful and hard cases to the Headquarters. 3. In order to find out the availability of names, the Registrars are advised to consult the All India Index Cards of companies in their offices, if any, kept uptodate or the alphabetical list of companies contained in the following publications issued by the Department : Annual Blue Book on Joint Stock Companies, Part II, 1958‑59 and its supplementaries giving newly registered companies up to March, 1964. All India lists of new company registrations maintained in the field office from April 1, 1964 to date. Fortnightly list of names made available to promoters by the Registrars, circulated from the Research and Statistics Division. List of foreign companies having a place of business in India. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the same words of the existing company which may be said to be closely resembling each other. 12. I may further add that although it is not possible to lay down any hard and fast rules for determining whether a particular name or any two names too nearly resemble each other, each case, however, will be decided on its merits. As already emphasised in the earlier circular letter of this Department on the subject dated 15th March, 1962, that various criteria set out in the guiding principles at Appendix A are not exhaustive but only illustrative of what is considered to be undesirable names under section 20 of the Act and that by the very nature of the subject all possible cases could not be covered. It is, therefore, suggested that where the Registrars find that certain proposed names could not be judged in the light of the instructions given above and give rise to doubt, the same may be referred to the Research Statistics Division at the Headquarters after availing of the help of the Regional Director, if available on the spot. APPENDIX A GUIDING INSTRUCTIONS FOR DECIDING CASES OF MAKING A NAME AVAILABLE FOR REGISTRATION A name which falls within the catego ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Government so long as they continue to hold such positions. 14. If it resembles closely the popular or abbreviated descriptions of important companies like TISCO (Tata Iron Steel Co. Ltd.), HMT (Hindustan Machine Tools), ICI (Imperial Chemical Industries), TEXMACO (Textile Machinery Corporation), WIMCO (Western India Match Company), etc. In some cases, the first word or the first few words may be the key words and care should be taken that they are not exploited. Such words should not be allowed even though they have not been registered as trade marks. 14A. Where the existing companies are stated and found to be well‑known in their respective fields by their abbreviated names, these companies may be allowed to change their names by way of abbreviation with the prior approval of the Regional Director concerned. The abbreviated name will be considered only in case of change of name under section 21 of the Companies Act, 1956, with the prior approval of the Regional Director concerned and should not be allowed for adoption by new companies. 15. If it is different from the name/names of the existing company/companies only to the extent of having the name of a place wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be observed as far as practicable. In view of the difficulty in checking up whether a proposed name is identical with or too nearly resembling the name of an unregistered company or a firm of repute, it should at least be ensured that a proposed name is not allowed if it is identical with or too nearly resembles the name of a firm within the knowledge of the Registrar. The cases of foreign companies of repute should also be similarly treated even if there are no branches of such companies in India. A few illustrations of closely resembling names are given below for guidance. The names are proposed in column 1 should not (normally) be made available in view of the companies in existence as shown in column 2. Proposed name Existing company with too nearly resembling names 1 2 The National Steel Mfg. Co. Pvt. Ltd. National Steel Works Trade Corporation of India Ltd. State Trading Corporation of India Ltd. Viswakarma Engineering Works (Pvt.) Ltd. Viswakarma Engineers (India) (Pvt.) Ltd. India Land and Finance Ltd. Northern India Land Finance Ltd. Hindustan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ords like Bank , Banking , Investment , Insurance and Trust . These words may, however, be allowed in cases where the circumstances justify it. In cases of banking companies, the Reserve Bank should be consulted and its advice should be taken before a name is allowed for registration. The purpose of such consultation is to prevent small banking companies from misleading the general public by adopting the names of some well established and leading banks functioning elsewhere than in India. In case of difference of opinion with the Reserve Bank, the matter should be referred to the Board for advice. 22. If the name includes the word Industries or Business unless the name is indicative of the business of the proposed company, for otherwise it serves as a lever for the company to diversify its activities. 23. If it includes proper name which is not a name or surname of a director, such names should not be allowed except for valid reasons. For example, for sentimental reasons, sometimes the names of relatives such as wife, son and daughter of the director may have to be allowed, provided one other word suggested makes the name quite distinguishable. 24. If it is intend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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