Reservation of name, Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Reservation of name

Contracts in restraint of trade, Contracts in Restraint of Trade This ...

Contracts in Restraint of Trade This is a contract through which a person voluntarily or unwillingly restricts his future liberty to carry at his trader business or profession

Code of ethics for nurses, Case Study You have been asked to serve as a nur...

Case Study You have been asked to serve as a nursing representative on a government committee to look at funding for health care of undocumented individuals who work in the United

Describe the public procurement legal framework of mauritius, QUESTION 1 ...

QUESTION 1 Describe the Public Procurement Legal Framework of Mauritius QUESTION 2 Explain the following, within the meaning of the Competition Act: a. collusive agreem

What are the procedures that an employer needs to follow, QUESTION 1 Wi...

QUESTION 1 With the coming into force of the Employment Rights Act, how far has the freedom of the employer to unilaterally terminate contracts of employment been curtailed?

Explain the term chain of custody, QUESTION Chain of custody in eviden...

QUESTION Chain of custody in evidence collection is a very important document when it comes to presenting a computer forensic case in the court of law i. Explain the term c

Laws and regulations, Here, we have outlined the utility of National Buildi...

Here, we have outlined the utility of National Building Code. We have explained the main features of Factories Act. Some of the provisions of Electricity Act and Rules which are re

Explain the elements necessary for formation of a contract, Question 1: ...

Question 1: List out and explain the elements necessary for the formation of a contract. Question 2: What are the advantages and disadvantages of choosing a company ov

I need thesis, i need first proposal for a thesis on arbitrtion or construc...

i need first proposal for a thesis on arbitrtion or construction law which must be practical not theoritecal

Appointment by directors, APPOINTMENT BY DIRECTORS: The company first ...

APPOINTMENT BY DIRECTORS: The company first auditors of may be appointed through the directors at any time before the first annual general meeting, and auditors so appointed s

Effectiveness of challenge and appeal mechanisms, Question 1: Taking th...

Question 1: Taking the case of Mauritius, in the machinery of government, the Procurement Policy Officer is the central organ of the Government that regulates the procurement

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd