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can an indian company use the word international ?


I am curious to know if an Indian company can use the word "International"  in any of its following instances such as:

 

1) Company name: International xyz pvt. Ltd.

2) In website domain: www.International-xyz.com

3) In advertisement: We are  No.1 International company

4) In product name: International LCD TV

 

Looking forward your reply. Thank you..

 
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BE/ LLM in Corporate Laws

The word "International" should be avoided because it may have been patented by some in some jurisdictions. Secondly, it may give wrong impression to investors and general public about the size of the company.

There is no problem in naming the website with the word international but naming product "International" may cause patent problems which you have to check beforehand.

If you write in ads "We are No.1 International Company", then you must quote the authentic source which has designated you like Forbes, Fortune etc.

 
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Originally posted by : sanjay kumar
 


The word "International" should be avoided because it may have been patented by some in some jurisdictions.

 

I have doubt if any company will have patent in such broad categrory word "International". I guess there are some restrictions in India naming a company with the word "India or National". But what Indian company law says if you name a company with word "International" ??

 

Secondly, it may give wrong impression to investors and general public about the size of the company.

 

If company XYZ has customer base in many countries and provide service to foreign customers. Then what is the harm naming it as "International" company.



There is no problem in naming the website with the word international but naming product "International" may cause patent problems which you have to check beforehand.

 

I think patents are provided country specific and subjected to the country in which it is registered. If we register a product named "International" in india. Will it cause any violation in other countries??



If you write in ads "We are No.1 International Company", then you must quote the authentic source which has designated you like Forbes, Fortune etc.

Thank you...

 
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BE/ LLM in Corporate Laws

1. The Company Law,1956 does not deal with the names of the companies. THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 of GOI restricts certain names to be used by establishments. Besides, the name of a new company is verified by the Registrar of Companies that it should not be very similar or suggestive of an existing company.

2. The company using the word "International" does not mean that it is serving many clients in different countries. It would be suggestive of that its subsidiaries and branches are incorporated in many countries. A multinational company.

3. If nobody has patented the word "International" in India, you can use the word in India. But if you start operating in some other country where the word International has already been patented, you may face problems. The same happened with Jet Airways when it started its operation in US where already a small company called Jet Air or something that was already operating.

Thats why, very common words like India, National, American, British, Nippon,International, Intercontinental etc. are at best to be avoided.

To my mind, apart from Patent regime, there is no law as such which bars the use of the word "International". 

 
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ADVOCATE AND CORPORAE ADVISOR

1.Government of India, Ministry of Corproate Affairs issued instructions regarding usage of names by promoters of companies and instructions are followed by Registsrar of Companies in all States at the time of Registsration/incorproation.  Government is having power to ask  a particular company to change the name of the company (if it is already registered).  Also if two companies are having a smiliar name, the aggrieved company can approach the Government for redressal.  On examination and hearing the Government shall ask the company which received first shall be asked to retain the name and the subsequently registered company will be directed to change the name of the company.\

Subject to above, there is no restriction of utilising the name INTERNATIONAL in the name of the company.

3.  Web design is controlled by other statutres and different authorities. Subject to this compliance apart from not being duplicate or copying, the web is valid.

4. Advertising is yet controlled by other legislation and if the advertisement is misleading the public, appropriate legal action can be taken under various laws, MISLEADING ADVERTISEMENTS are prohibited under certain laws.

A specific legal action can be referred to me.

dr vedula gopinath 

 

 

 

 
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