Samir Biswas,R.D. - (1.) M/s. Philips India Limited, a company registered with the Registrar of Companies, Calcutta has made an application dated 23.7.2002 to the Regional Director. Department of Company Affairs, Chennai for issuance of directions under section 22 of the Companies Act, 1956 to another company namely M/s. Philips Infotech Limited, registered with the Registrar of Companies, Kerala to change its name. The applicant company has made the above application on the following grounds. (i) The Trade Mark "PHILIPS" is a globally known and recognised trade mark which is owned by their parent company viz. M/s. Koninklijke Philips Electronics N.V., The Netherlands (KPENV). In India 'PHILIPS' is registered in different classes under the Trade and Merchandise Marks Act, 1948 and the same is in force since last 30 years. (ii) Philips India Limited was incorporated in January 1938 which is a subsidiary of KPENV and has been licensed to use the trade mark 'PHILIPS' under which it sells a variety of products including the Consumer Electronics, Lamps, Domestic Appliances and Personal care products. Apart from Philips India Limited, KPENV has other subsidiaries in India including Philips Medical Systems India Pvt. Ltd., Philips Glass India Limited and Philips Software Centre Pvt. Ltd. (iii) The 'PHILIPS' Trade mark is well known and is amongst the top 50 best known brands in India as per recent survey. Philips actively promotes the brand through a variety of promotional exercise and by focusing on world class quality for its products and services. Its products are readily accepted by the customers as world class quality is reflected in the products. Hence, use of the word 'PHILIPS' by any other company may mislead the general public that the same is belong to Philips Group of Companies.
(2.) Upon the receipt of the said application, I have vide letter dated 23.8.2002 addressed the Registrar of Companies, Kerala to furnish full details of the respondent company and also to send a report on the application made by the applicant company under Section 22 of the Companies Act, 1956. The Registrar of Companies vide his letter dated 12.09.2002 has stated that the name Philips Infotech (P) Ltd., was allotted to Shri Philip Mathew on 10.5.1999 and the company was registered on 27th August, 1999. The Registrar has also furnished his report, the details of Directors and registered office address of the respondent company. As per the said details the registered office of the respondent company is situated at 3C, Metro Palace, Town Railway Station Road, Kochi-682018. I have vide letter dated 23.08.2002 also addressed to M/s. Philips Infotech Limited enclosing therewith the application dated 23.07.2002 made by the applicant company and advised them to explain as to why directions under Section 22 should not be issued to them to change their name to some other name and also advised them to offer a detailed explanation and comments on the contentions raised by the applicant company.
(3.) UPON receipt of the report from the Registrar of Companies, Kerala, I have vide letter dated 07.10.2002 addressed the applicant company and respondent company to appear before me for a hearing on 22.10.2002 at 11.30 a.m. either in person or through an Advocate or an Authorised representative with a Power of Attorney alongwith necessary material papers, written statements, case laws etc., in support of their respective cases. Since none of the parties appeared on the appointed date and time, the hearing was refixed on 03.01.2003. Philips India Limited represented by Mr. S. Vanuvamalai and Mr. P. Ravindranath, Power of Attorney Holder of Philips Infotech Limited appeared. The applicant company has requested by way of letter stating that they want adjournment. As a last opportunity one more hearing was fixed on 5.2.2003 at 12.00 noon. Both the parties appeared before me on the said date and time represented by Shri AVS Rama Sarma, Advocate for applicant company and Shri. P. Ravindranath, Advocate for the respondent. The respondent company desires to present detailed objections on the application filed by the applicant company. The respondent company was given time limit upto 26.2.2003 to file detailed objections and a copy may be served on the applicant in order to file a counter by them within 2 weeks i.e. by 14.3.2003 and final direction u/s 22 of the Act would be considered thereafter.;