Section 158 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 158 is one sentence: "The enactment specified in the Schedule shall be amended in the manner specified therein." The Schedule lists one enactment, the Companies Act, 1956, and amends its sections 20 and 22 so that a company name that is identical with or too nearly resembles a registered trade mark (or a mark applied for) can be treated as undesirable, and a registered proprietor can apply against a company's name, within five years. If your brand and a company name clash, see our legal consultation service.
Section 158 does no more than bring in the Schedule. The Schedule amends the Companies Act, 1956: section 20(2) now lets the Central Government deem undesirable a name identical with, or too nearly resembling, a company's earlier name or a registered trade mark (or a mark subject of an application) of another person, and section 22 lets a registered proprietor apply against a company name identical with or too nearly resembling its mark, but no application after five years of coming to notice of the company's registration will be considered.
What section 158 itself says
"The enactment specified in the Schedule shall be amended in the manner specified therein."
That is the whole section. It does not itself contain any rule on company names; it gives effect to the Schedule. The Schedule, headed "(See Section 158) Amendments", lists the Companies Act, 1956 (Act 1 of 1956) as the enactment, with two amendments, one to section 20 and one to section 22.
The Schedule amends an Act that has its own later history. This article describes only what the Schedule of the Trade Marks Act provides; it gives no section numbers of any later company law. To see how company-name rules work today, read the Companies Act currently in force.
Amendment 1: section 20 of the Companies Act, 1956
The Schedule substitutes sub-section (2) of section 20 and adds a sub-section (3). The Schedule provides:
New sub-section (2). "Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
- (i) the name by which a company in existence has been previously registered, or
- (ii) a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999,
may be deemed to be undesirable by the Central Government within the meaning of sub-section (1)."
New sub-section (3). "The Central Government may, before deeming a name as undesirable under clause (ii) of sub-section (2), consult the Registrar of Trade Marks."
| Feature | Position |
|---|---|
| Names covered | Identical with, or too nearly resembling, an existing company's name or another person's registered or applied-for trade mark |
| Who decides | The Central Government |
| Verb | "may be deemed" undesirable; the decision is discretionary |
| Consultation | Before acting on clause (ii), the Central Government may consult the Registrar of Trade Marks |
Note the words "registered trade mark, or a trade mark which is subject of an application for registration". A pending application therefore counts.
Amendment 2: section 22 of the Companies Act, 1956
The Schedule substitutes a portion of sub-section (1) of section 22 and adds a proviso. The substituted text reads, in substance:
"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,—
- (i) in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first-mentioned company, or
- (ii) on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act, 1999, such company—"
The remainder of section 22(1) (what the company must then do) is not reproduced in the Schedule; the Schedule only replaces the portion up to the words "the first-mentioned company". The text above is given in substance; for the exact words of the substituted portion, read the Schedule itself.
The proviso: five years
"Provided that no application under clause (ii) made by a registered proprietor of a trade mark after five years of coming to notice of the registration of the company shall be considered by the Central Government."
| Element | Text |
|---|---|
| Who may apply | A registered proprietor of a trade mark |
| Ground | The company's name is, in the Central Government's opinion, identical with or too nearly resembles the proprietor's registered mark |
| Time limit | Not after five years of coming to notice of the registration of the company |
| Decision-maker | The Central Government |
The five years run from "coming to notice" of the company's registration, not from the registration itself. The Schedule does not say how that date is proved.
Example. Sunrise Biscuits holds a registered mark "SUNRISE GOLD". A company is later incorporated as "Sunrise Gold Private Limited". Sunrise Biscuits learns of it in March of a given year. Under the proviso, its application to the Central Government must be made within five years of coming to notice, or it "shall not be considered".
Related provisions in the Trade Marks Act
The Act's own provisions on company names and trade marks are elsewhere, for example in the definition and refusal sections. For the sections on conflicting registrations see trademark objection under section 11. A company name is not itself a trade mark; registering one with the Registrar of Companies does not give trade mark rights. The Schedule's amendments are simply the bridge between the two regimes.
Practical points
- Search the trade marks register before incorporating, and the company register before launching a brand.
- If you hold a registered mark and see a similar company name, note the date it came to your notice; the five-year proviso counts from that.
- Pending applications can also be a ground under section 20(2)(ii) of the 1956 Act as amended.
- Read the current company law for how name disputes are handled today.
Need help with a company name and trade mark clash?
A name that is fine in one register can be a problem in another. Our legal consultation service can help you compare the company name, the mark and the time limits before you act.
Key takeaways
- Section 158 only brings in the Schedule, which amends the Companies Act, 1956.
- Section 20 now lets the Central Government treat as undesirable a name identical with or too nearly resembling an existing company name or another person's registered or applied-for mark.
- Section 22 lets a registered proprietor apply against a company name resembling its registered mark.
- No such application made after five years of coming to notice of the company's registration will be considered.
Read next
- Section 159: repeal of the 1958 Act and savings
- Section 157: power to make rules
- Trademark objection under section 11: cited prior marks
- Trademark search before filing: how to search the IP India database
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.