Section 16: Rectification of Name of the company
If through inadvertence or otherwise, on company registration or on its registration by a new name, is registered by a name which is:-
By Central Government:
In the opinion of CG The Name of the company is identical with or too nearly resembles the name of existing company registered under this act or any previous company law.
CG may direct the company to change its name and company shall change its name (means original name) or new name (in case company change its name).
Within a period of 3 months from the issue of such direction by adopting Ordinary Resolution (This resolution can be passed in general meeting as well as through postal ballot also)
Where a company (This company is respondent company for e.g in case of Jio as handle we filed INC-28 within 30 days from the order because applicant company changes its name or obtains a new name it shall within 15 days from the date of such change, give notice of the change to the Registrar along with the order of the Central Government, who shall carry out necessary changes in the certificate of incorporation and the memorandum.
Step Wise Procedure:
Step: 1 CG opinion that company having identical or too nearly resembles name.
Step: 2 CG may give direction to the company to change its name.
Step: 3 Within 3 Month company shall conduct meeting/Postal Ballot and pass ordinary resolution for change of the name and this name shall not identical or too resembles name of existing company.
Step: 4 Notice to ROC along with CG order, within 15 days from passing ordinary resolution.(Form INC-28)
By Registered Proprietor of Trade Mark:
Application to Central Government by registered proprietor of trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under trade Mark Act, 1999
This application shall be made within 3 Years from the incorporation or registration or change of name of the company, in the opinion of the Central Government, is identical with or too nearly resembles to an existing trade mark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution for the purpose.
Step Wise Procedure:
Step: 1 Application (Within 3 Years from the date of Incorporation or change in the name) by registered proprietor of trade mark to CG (Form RD-1)
Step: 2 in opinion of CG then CG may give direction to the company to change its name.
Step: 3 Within 6 Month from direction company shall conduct meeting/Postal Ballot and pass ordinary resolution for change of the name and this name shall not identical or too resembles name of existing company.
Step: 4 Notice to ROC along with CG order, within 15 days from passing ordinary resolution.
RD-1: (Only Applicant company) (Attachments: Application, Master data of respondent company, Financials, Affidavit verifying application, Power of attorney)
INC-28: (Both Companies) (Attachments: RD Order)