Legal Question in Business Law in India

here is a company based out of Bangalore having a same name as ours.

We are a registered private limited company but have not got the trade name registered.

Though no other private limited company can have same name as ours.

They are into same industry but not exactly the same business, through their business is well under our domain.

I spoke to ....... in that organization and she is saying that they are registered since last 5 years and its we who have used their name.

Can you suggest what can be done?


Asked on 7/08/13, 6:29 am

3 Answers from Attorneys

firstly send legal notice

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Answered on 7/08/13, 9:49 am
Fca Prashant Chavan Expert Edge LLP

09.07.2013

Dear Sir / Madam,

You are presently at Sector 59, Roopnagar, Chandigarh operating _____ Pvt. Ltd. and your query says that there is another Company with the same name as yours, based in Bangalore in Karnataka.

You ought to have your Company formed and registered with the Registrar of Companies (ROC) in Chandigarh when it was established. Trade name(s) are with reference to the product(s) and / or service(s) that your Company deals with and renders in the market.

Industry domain may be common, but the products that the Company deals with and / or services that the two Companies individually render may differ.

You should write to the Registrar of Companies where your Company is primarily registered citing the name of the person whom you spoke with, to intervene and resolve the issue.

Regards,

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Answered on 7/08/13, 9:04 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

if the name was registered by the said company five years back, then you may not have a legal option.

thanks and regards

Adv. Rajiv

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Answered on 7/08/13, 9:56 pm


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