In MRC Logistics Private Limited v Regional Director Western Region, Ministry of Corporate Affairs and MRC Logistics (India) Pvt Ltd, Bombay High Court had occasion to interpret section 22 of the Companies Act, which deals with rectification of the name of a company.
The petitioner, MRC Logistics Private Limited (MRCL), was incorporated on 3 May 2006 under the provisions of the Indian Companies Act, 1956, by the Registrar of Companies in Mumbai. MRCL also applied to register the trademark “MRC” with the Registrar of Trademarks. The application is pending.
The second respondent, MRC Logistics (India), which was incorporated on 25 September 2002, complained to the director of the western region for the Ministry of Corporate Affairs, Mumbai, that the name of the petitioner company was identical to that of its company, which had been registered much earlier.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Please note that the item titled “Google search sparks trademark trouble” was contributed by Nishith Desai Associates, a Mumbai-based law firm. Readers should not act on the basis of this information without seeking professional legal advice.
