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2012 (6) TMI 672 - HIGH COURT OF DELHIDispute about the name of the company - petition against the order directing the petitioner, registered as a company in the name of "M/s International Trade and Exhibitions India Private Limited" to change its name - name which is identical with or too nearly resembles - Powers under Section 22 of the Companies Act - Rectification of Name of company - full form of the abbreviation "ITE" in the name of the respondent no. 2 was also "International Trade and Exhibitions" and further since both respondent no. 2 and the petitioner were in the same business of Events – Held that:- the test provided in the guidelines under Section 20 could not have been applied to a rectification proceedings under Section 22 when the Legislature has not deemed it appropriate to provide for rectification of undesirable names other than those covered by Section 20(2). The remedy against undesirable names falling in any category other than Section 20(2) is not under Section 22 but would be before the Civil Court Legislature in its wisdom has confined power of Central Government to registered names and marks only and did not extend inquiry into identical with and resemblance with unregistered names and marks – Respondent no. 2 is unregistered company - power of rectification in section 22 is limited to form an opinion as to identical with and resemblance with registered names and marks only - It thus cannot be said that any case for exercising of powers for rectification under Section 22 was made out. I am unable to find any identity or resemblance between "ITE" or "ITE India" and "International Trade and Exhibitions". The alphabets "IT" and "ITE" are today identified more as "Information Technology" and "Information Technology Enabled" than with "International Trade and Exhibitions". It thus cannot be said that any case for exercising of powers for rectification under Section 22 was made out. Petition succeeds and is allowed
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