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Corporate name similarity dispute over a distinctive element leads to quashing of administrative refusal and name registration blocked

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Full Text of the Document

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....The petition challenges registration of a corporate name that is structurally and phonetically identical to an earlier corporate group name where the distinctive element 'REFEX' predominates. The court applied precedents requiring that business dissimilarity is not a proper basis for the Registrar/Regional Director to refuse to act; therefore the administrative refusal was held improper and set aside. The decision recognises prominence of a distinctive word across multiple group companies on the register and treats likelihood of confusion and near-identity with an earlier corporate name and registered trade mark as determinative. Petition allowed and impugned order quashed.....