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TMI BlogCompanies (Incorporation) Fifth Amendment Rules, 2010X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) The following matters are to be disregarded while comparing the names under sub-rule (1):- (a) the words like Private, Pvt, Pvt , (P), OPC Pvt. Ltd., IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited, Unlimited, Ltd, Ltd, , LLP, Limited Liability Partnership, company, and company, &, co, & co., co., co, corporation, corp, corpn, corp or group; (b) the plural or singular form of words in one or both names; A. Illustrations (i) Green Technology Ltd. is same as Greens Technology Ltd. and Greens Technologies Ltd. (ii) Pratap Technology Ltd. is same as Prataps Technology Ltd. and Prataps Technologies Ltd. (iii) SM Computers Ltd. is not same as SMS Computers Ltd. (c) type and case of letters, spacing between letters, punctuation marks and special characters used in one or both names; B. Illustrations (i) ABC Ltd. is same as A.B.C. Ltd. and A B C Ltd. (ii) TeamWork Ltd. is same as Team@Work Ltd. and Team-Work Ltd (d) use of different tenses in one or both names ; C. Illustrations (i) Ascend Solutions Ltd. is same as Ascended Solutions Ltd. and Ascending Solutions Ltd. (ii) Speak English Solutions Limited is same as Spoken English Solutions Limited. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Style 12 Garments Ltd. (iii) One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd, if One 11 represents a brand: Provided that clauses (f) to (h) and clauses (k) and (l) shall not be disregarded while comparing the names, if a no objection by way of a Board resolution has been provided by an existing company. 8A. Undesirable names.- (1) The name shall be considered undesirable, if- (a) it is prohibited under the provisions of section 3 of the Emblems and Names (Prevention and Improper Use) Act, 1950 (12 of 1950), unless a previous permission has been obtained under that Act; (b) save as provided in section 35 of the Trade Marks Act, 1999 (47 of 1999), the name includes a trade mark registered under the Trade Marks Act, 1999 and the rules framed thereunder in the same class of goods or services in which the activity of the company is being carried out or is proposed to be carried out, unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters; (c) it includes any word or words which are offensive to any section of the people; (d) the proposed name is identical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Board of Direct Taxes (CBDT): Provided that name application is accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under the said Electoral Trust Scheme as notified by the Central Board of Direct Taxes; (k) the proposed name contains the words 'British India'; (l) the proposed name implies association or connection with an embassy or consulate of a foreign government; (m) the proposed name includes or implies association or connection with or patronage of a national hero or any person held in high esteem or important personages who occupied or are occupying important positions in the Government; (n) the proposed name is identical to the name of a company dissolved as a result of liquidation proceeding and a period of two years has not elapsed from the date of such dissolution: Provided that if the proposed name is identical with the name of a company which is struck off in pursuance of action under section 248 of the Act or under section 560 of the Companies Act, 1956 (1 of 1956) then the same shall not be allowed before the expiry of twenty years from the date of publicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d company is not relevant while determining whether a name is descriptive. (v) The name Silk Wise Manufacturers Private Limited is not descriptive as it contains words other than commonly used words. (t) the proposed name includes name of any foreign country or any city in a foreign country, the same shall be allowed if the applicant produces any proof of significance of business relations with such foreign country like memorandum of understanding with a company of such country: Provided that [he name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country. Explanation.- For the purposes of this clause, 'enemy country' means so declared by the Government of India from time to time. (u) the proposed name of a section 8 company under the Act does not include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust and the like, etc. (v) the proposed name of a Nidhi company under the Act does not have the last words "Nidhi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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