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

The international court of justice, The International Court of Justice ...

The International Court of Justice The International Court of Justice (ICJ) issued a legal opinion on the legality of nuclear weapons, which says that the threat or use of forc

w5 a2, describe what happends when a government agency proposes a rule.Pro...

describe what happends when a government agency proposes a rule.Provide recommendations to Crump for submitting responses to the EPA''s proposed rule. explained whether Crump shoul

State about the stages in the policy process, State about the Stages in the...

State about the Stages in the policy process Stages in the policy process are generally conceptualized within a broader environment governed by constitutional rules, political

Determine the mean, A strong and fair health care system Today, I deli...

A strong and fair health care system Today, I delivered on my commitment to have a judicial inquiry into allegations of queue jumping in our health care system. The governm

England Judicial System, England Judicial System Moreover the current ...

England Judicial System Moreover the current England judicial system is prearranged in the form of a pyramid, along with the Court of Appeal at the apex there the High Court i

Express and implied terms of contract, Express and Implied terms of contrac...

Express and Implied terms of contract Express terms However the terms of a contract are said to like "express terms" whether the parties themselves adverted to them on

Recent trends in phoenix activity, It was noted by stakeholders that phoeni...

It was noted by stakeholders that phoenix activity has evolved significantly over the past decade. First, the ATO noted that they are seeing significantly less 'asset stripping' of

Advise sheilana on the following issues, Question: i) Sheilana has wor...

Question: i) Sheilana has worked for Tuna Canning Ltd for 15 years. Last Monday Sheilana was called to the Manager's Office and verbally informed that her employment was term

Partnerships - unincorporated associations, Partnerships - Unincorporated A...

Partnerships - Unincorporated Associations Conversely Partnership is defined through S.3 (1) of the Partnership Act as "the relation that subsists between persons carrying at

The position in uk with the capital maintenance doctrine, QUESTION 1 Th...

QUESTION 1 The Bank of Mauritius has got various objects. It has therefore got various functions and powers in order to achieve the attainment of its objects. Discuss QUEST

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