TMI Blog2023 (1) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... milar to earlier registered corporate names or registered trademarks so as to avoid any confusion in the market place between similarly sounding or identical businesses. The perusal of the two names, in the present case, Pure Cure Ayurveda Private Limited and Purecure Private Limited leaves no doubt in the mind of the Court that they are resembling each other and there is likelihood of confusion between the two businesses. The Petitioner s company is registered prior in point of time than the Respondent no.3. The Respondent no.3 is willing to cancel and give up the objectionable name. In view of the stand of Respondent No.3, the writ petition is disposed of directing the ROC to remove/modify the Register of Companies by removing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of Certiorari or any other Writ, Order or Direction thereby calling the records from the Respondent and thereafter setting aside/quashing the incorporation of the Respondent No. 3 as a company bearing Corporate Identity No. U24290DL2020PTC363236 with the corporate name 'PURE CURE PRIVATE LIMITED' as well as the Certificate of Incorporation dated 11.04.2020 (Annexure-L); and [B] Pass such other and further Order[s] as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice. 5. Mr. Hrishikesh Baruah, ld. Counsel submits that, initially, the Petitioners had filed an application in terms of Form No.INC 1 seeking reservation of the name Pure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng off the company i.e. Pure Cure Private Limited in view of pendency of the present Writ Petition. 5. I state that Respondent No.3 undertakes to file appropriate application before Respondent No.2 seeking striking down of the Respondent No.3 Company under the provisions of the Companies Act, 2013 , and therefore, in the interest of justice Respondent No.3 may be absolved from the present proceedings and the present writ petition may be disposed off with directions to the Respondent No.2 to consider such application, as and when filed by Respondent No.3, in accordance with law. 7. A perusal of the above paragraphs of the affidavit filed on behalf of Respondent No.3 shows that the said Respondent has in fact approached the ROC f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or too nearly resembles the name by which a company in existence had been previously registered, whether under this Act or any previous company law, it may direct the company to change its name and 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; (b) on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similarly sounding or identical businesses. The perusal of the two names, in the present case, Pure Cure Ayurveda Private Limited and Purecure Private Limited leaves no doubt in the mind of the Court that they are resembling each other and there is likelihood of confusion between the two businesses. The Petitioner s company is registered prior in point of time than the Respondent no.3. 11. The Respondent no.3 is willing to cancel and give up the objectionable name. In view of the stand of Respondent No.3, the writ petition is disposed of directing the ROC to remove/modify the Register of Companies by removing the name of Respondent No.3 from the said register and rectifying the name of the company of Respondent No.3. For the said pur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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