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

Discuss common law and statutory duty, Part A A director has a duty to ...

Part A A director has a duty to exercise care, skill and diligence at common law and also a statutory duty of care and diligence under s180 (1) Corporations Act 2001 (Cth) in c

Winding-up, Winding-Up:    (a) A company is dissolved, i.e. ceases t...

Winding-Up:    (a) A company is dissolved, i.e. ceases to exist, when its name is removed from the register.  It is usually necessary, before it can be dissolved, to liquida

Explain ethical decision making, Ethics The influence of personal ethics on...

Ethics The influence of personal ethics on workplace behaviour. (a) Explain in relation to the organisation you researched in Section A of this report why managers should use ethi

Nature of a company, Nature of a Company: There is no precise legal de...

Nature of a Company: There is no precise legal definition of "a company". This is due to historical reasons which are too lengthy to be narrated in this text. Suffice it to sa

Formation of contract - law of contract, Formation of Contract - Law of Con...

Formation of Contract - Law of Contract However a legally binding agreement prepared between two or persons or more parties.  Whereas it has also been explained as a promise o

Air Bus case study, Had France adopted OECD convention on bribery ahead of ...

Had France adopted OECD convention on bribery ahead of these transactions would the firm''s behavior have differed?why?

Judicature act - categorization of law, The Judicature Act Cap 8, Laws of E...

The Judicature Act Cap 8, Laws of England: Therefore the sources of England law are specified in the Judicature Act 1967, S.3(1) of that states in which the jurisdiction of th

Explain the legal issue in law, WITH REFERENCE TO THE STANDARD FORM CONTRAC...

WITH REFERENCE TO THE STANDARD FORM CONTRACT (in isolation) 1. Explain the legal issue that clause 1 of the standard form contract is addressing and what it is aiming to achiev

What is the meaning of pareto inefficient outcomes, What is the meaning of ...

What is the meaning of Pareto inefficient outcomes Policy coordination is, therefore, designed to avoid Pareto inefficient outcomes. In absence of a supranational authority tha

Third party logistics and distribution facilities, Question 1: Analyze ...

Question 1: Analyze the contribution and role of logistics in the provision of good customer service. Question 2: Discuss the case for and against using in-house or t

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