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Vetri (Engineer)     05 December 2011

Can a business have the city/language name as part of name?

Hey ppl!

I have plans to start a production label, where I ll be producing Media contents. I feel that having a touch of the Region/ Language in the Label name ll bring it more close to people.

 

I would like to know, If that legally acceptable? Is there any problem associated with this?

 

Example like...Tamilan Express, Chennai arts...etc etc...

Thanks!



Learning

 14 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     06 December 2011

Legally there should be no problem, provided the contents do not offend the label.

1 Like

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     06 December 2011

If the business is registered as a Company under Companies act 1956 then its name shall be subject to name availability guidelines.

1 Like

Vetri (Engineer)     07 December 2011

Also could you please tell me, under which Practice area do stuffs like Media, Entertainment business fall?

Manish Singh (Advocate)     07 December 2011

since the same shall be your trademark, you may have problems registering it with the registrar as it contains specific names of cities. 

1 Like

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     07 December 2011

Originally posted by :Vetri
"
Also could you please tell me, under which Practice area do stuffs like Media, Entertainment business fall?
"

Please put up cleary what you really want to ask are u asking for names of the companies under which you can carry on media/entertainment business?

bridgestonetires (ceo)     07 December 2011

Yes it legally acceptable, you can do this. But i suggest you to go to a proffesionsl laywer to know.

 

 

Bridgestone Tires

Goodyear Tires

1 Like

Vetri (Engineer)     08 December 2011

Originally posted by :shraddha Shukla
"



Originally posted by :Vetri



"


Also could you please tell me, under which Practice area do stuffs like Media, Entertainment business fall?

"




Please put up cleary what you really want to ask are u asking for names of the companies under which you can carry on media/entertainment business?
"

 @Shraddha

No Shraddha, I was wondering under which practice does media/ entertainment business falls?

Please correct me If I am wrong, I have heard that there are practices like, Intellectual Property, Real Estate, Taxation, Family law etc.

In the same way I wanted to know if there is any dedicated practice for the Media/ Entertainment business...

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     08 December 2011

 

 

The acts applicable to media , press and advertising industry are as under However the list is not exhaustive other laws may also apply depending as per area of business

The Press and Registration of Books Act, 1867 –,The Press (Objectionable Matters) Act, 1951,The Newspaper (Prices and Pages) Act, 1956,Delivery of Books and Newspapers (Public Libraries) Act, 1954,The Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955,Civil Defence Act, 1968 -,Press Council Act, 1978 ,The Broadcasting Code,Cable Television Networks (Regulation) Act, 1995,Direct-to-Home Broadcasting,The Cinematograph Act, 1952,The Copyright Act, 1957,Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981,Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare Fund Act 1981,Bombay Cinemas (Regulation) Act, 1953 , The Bombay Entertainments Duty Act, 1923, Drug and Magic Remedies (Objectionable Advertisement) Act, 1954,Monopolies and Restrictive Trade Practices Act, 1969,

1 Like

sanjay kumar (BE/ LLM in Corporate Laws)     12 December 2011

The names of business and commercial organisations are governed by The Emblems & Names(Prevention of Improper Use) Act,1950.

You can get a pdf file for the act from here :-

www.sdobishnupur.in/Acts%20and%20Rules/Dictionery/0510.pdf

1 Like

Manish Singh (Advocate)     12 December 2011

@ Mr . Sanjay...please read the act and also go through teh company's act and teh website of MCA. Further, also read the trademarks act.

sanjay kumar (BE/ LLM in Corporate Laws)     14 December 2011

Mr.Manish, Thge Acts says it all that only certain names and emblmes cannot be used by business and commercial establishments for registration purposes.

Where is the problem then??

Vetri (Engineer)     15 December 2011

@Sanjay Kumar

Thanks for that information friend. That was very helpful. Though there wasnt any mention about cities in the Act, as

Manish Singh, I feel there might be problems while registering.

 

Open question:

I saw somewhere, that one could have a trademark, even without registering it.

Can anyone own a trademark and have all rights associated with it, without registering the trademark?

sanjay kumar (BE/ LLM in Corporate Laws)     15 December 2011

@Vetri A Trademark need not be registered as such. But the rights available under the Trade Mark Act shall not be available to an unregistered Trade Mark. For example, one cannot penalise a person who infringes the unregistered Trade Mark.

Manish Singh (Advocate)     23 December 2011

as per thye notification issued by the MCA, you can not use cities name for your company.

Also, Mr. Sanjay...the said act as stated by you do not bar city's name for use of trade purposes. So better go and read first before opining anythinh hereunder.


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