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2017 (8) TMI 1079 - HC - Companies LawChange in the corporate name - RD (as a delegatee of the powers of the Central Government)powers to issue directions to change name - Held that:- The introduction of proviso to Section 22(1) must also be given some meaning; plainly, if the owner of a registered trade mark is not precluded from making a complaint within a period of five years of becoming aware of a company with a deceptively similar name, the power of the RD to examine and address such complaint should be read in the statutory provision. However, it is not necessary to examine the same in view of the provisions of the Companies Act, 2013 which are now in force The name of respondent no.2, Mondelez India Private Limited, too nearly resembles the name of the petitioner, therefore, the RD would be empowered to direct respondent no.2 to change its name. In view of the above, the RD is directed to issue the necessary directions to respondent no.2 to change its name to any other name which is not identical to or resembles the name of the petitioner or any other existing company. Respondent no.2 and its directors are also directed to ensure that respondent no.2 changes its name as indicated above.
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