Reservation of name, Business Law and Ethics

Reservation of Name:

                            To obviate the risk of choosing a name that ultimately turns out to be undesirable, the promoters should enquire from the registrar whether the name they intend to give the company is "too like" that of a company already in the register of companies. After obtaining confirmation that the name is a registerable one they should immediately make a written application for its reservation under s.19(1)(a) of the Act. Any such reservation shall remain in force for a period of thirty days or such longer period, not exceeding sixty days, as the registrar may, for special reasons, allow. No other company shall be entitled to be registered with the reserved name.

These statutory provisions regarding the choice of a company's name are intended to confer on the company legal monopoly of its name. Because it lacks physical attributes which could assist its customers to differentiate it from another company with a similar name, a company can only rely on the legal monopoly of its name as its ultimate protection against what might constitute unfair instances of passing-off. They also avoid a situation in which two or more companies use one name with the resultant problem of identifying the company that is the contracting party in a commercial transaction.

Posted Date: 1/12/2013 2:21:17 AM | Location : United States







Related Discussions:- Reservation of name, Assignment Help, Ask Question on Reservation of name, Get Answer, Expert's Help, Reservation of name Discussions

Write discussion on Reservation of name
Your posts are moderated
Related Questions
Protection of General Public: It may happen that a resolution reducing a company's capital was passed in circumstances which indicate that the shareholders had not been proper

Define the types of interaction on which literature can be found There are two types of interaction on which literature can be found. These are interactions within the legisla

(a)  In Malaysia, there are many sources of written and unwritten law. Discuss the sources of unwritten law.      (b)  What are the different methods used in interpretation of s

A is a Malaysian contractor in the oil and gas business. B is a large British oil exploration company. By a written Contract, B appointed A in January 2008 to maintain B's offshore

Problems of international policy coordination The previous section presented examples countries which were motivated to overcome Pareto inefficiency by coordinating their econo

Question1 Clayton's case is considered to be one of the most essential legal decisions in banking laws that established the principle of the order of application of credits agains

Non-Payment of Cheques A banker's authority about pay a cheque that will be determined or that terminated through: like; (a) Countermand of payment, below s.75 (a). the Act

The policy process - Advocacy coalitions and Policy learning The mobilization of attention is what policy advocacy is primarily about. And the systematic mobilization of attent

Manner of Transfer of Bills One of the characteristics of bills of exchange is such whereas  A gives B a bill accepted through X in settlement of his debt, since this same ins

Family and Medical Leave Act: There is a split among the federal circuit courts of appeal on whether or not public employees/officials may be considered "employers" and theref