UINA Infra Projects Private Limited was incorporated on 1 st June, 2022. Mr. X had already registered the trade name of "UINA Infra projects" on 1…

According to section 16 of the Companies Act, 2013, if, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which: in the opinion of the Central Government (Power delegated to the Regional Director), is of opinion that name (original or revised/new) of company is identical with or too nearly resembles to the name by which a company in existence, then, either: (i) On its own or (ii) On an application by a proprietor of already registered trade mark under the Trade Marks Act, 1999, it may direct the company to change its name. The company shall change its name or new name, as the case may be, within a period of three months from the issue of such direction, after adopting an ordinary resolution for the purpose. Application by a proprietor of registered trade mark shall be made within three years of incorporation or registration or change of name of the company. In the given question, UINA Infra Projects Private Limited was incorporated on 1 st June, 2022. The trade mark of UINA Infra Projects was registered on 1 st April, 2018. In terms of the above stated provisions and facts of the question, we can answer the questions as under: Part (i) - First Ground of Objection: In the first instance, the contention of Mr. D (a director of UINA Infra Projects Private Limited) is not tenable due to the fact that the restriction is not only with respect to the name of an existing company, but also as a result of an application filed before the appropriate authority by the proprietor of a registered trademark. In other words, the name of the company "UINA Infra Projects” is verbatim identical to the trademark registered by Mr. X. Hence, the contention of Mr. D is not tenable. Part (ii) - Second Ground of Objection: In the second instance also, the contention of Mr. D is not tenable. The application should be made by the proprietor of a registered trademark within three years of incorporation or registration or change of name of the company and not within two years.