Section 16 — Rectification of name of company

(1) If, through inadvertence or otherwise, a company on its
first registration or on its registration by a new name, is registered by a name which,—
(a) in the opinion of the Central Government, is identical with 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 fro m 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 (47
of 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 company law, in the opinion of the
Central Government, is identical with or too nearly resembles to an existing trade mark, 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 3[period of three months ] from the issue of such direction, afte r adopting an ordinary
resolution for the purpose.
(2) Where a company changes its name or obtains a new name under sub -section (1), it shall within a
period of fifteen days from the date of such change, give notice of the change to the Registrar along wit h
the order of the Central Government, who shall carry out necessary changes in the certificate of
incorporation and the memorandum.
4[(3) If a company is in default in complying with any direction given under sub-section (1), the Central
Government shall allot a new name to the company in such manner as may be prescribed and the Registrar
shall enter the new name in the register of companies in place of the old name and issue a fresh certificate
of incorporation with the new name, which the company shall use thereafter: