Refex Industries Limited, incorporated in 2002 originally as Refex Refrigerants Private Limited and renamed in 2013, owns registered trademark REFEX in Class 1 since 2007 for refrigerant gases manufacturing, with nine group companies also using REFEX prominently, while Refex Hotels Private Limited was incorporated in 2017 for hospitality services.
Refex Industries applied in April 2018 under Section 16(1)(b) Companies Act 2013 to Regional Director seeking direction for Refex Hotels to rectify name as identical to its trademark, but Regional Director rejected on August 23, 2018 citing different business classes and no confusion potential.
Aggrieved, Refex Industries filed writ petition in 2022 under Articles 226/227 Constitution seeking quashing of order and name change direction.
Court reasoned names are structurally/phonetically identical with REFEX as coined prominent part, dissimilarity in businesses irrelevant under Section 16 as mere resemblance to prior registered name/trademark deems undesirable per precedents like CGMP Pharmaplan, Everstone, Mondelez emphasizing no need for deception/confusion examination, rejected delay plea due to COVID limitation extensions. Petition allowed, order quashed, Refex Hotels directed to change name within four weeks, Regional Director to ensure compliance.
- A company name is undesirable if it is identical or too nearly resembles an existing company's name or registered trademark, irrespective of dissimilarity in business activities, warranting rectification under Section 4(2)(a) and Section 16 of the Companies Act, 2013, as held in para 16
- The Regional Director's jurisdiction under Section 16 of the Companies Act, 2013, to direct a name change is triggered by mere resemblance to a prior registered name or trademark, without requiring proof of likelihood of deception or confusion, as clarified in para 11.
- A writ petition challenging an order under Section 16 of the Companies Act, 2013, is not barred by delay if filed within a reasonable time, considering extensions of limitation due to COVID-19 as per Supreme Court orders, as noted in para 19.
Case Title: Refex Industries Limited Vs. Regional Director, Northern Region, Ministry of Corporate Affairs & Anr.: 28.01.2026: 2026:DHC:691: Hon'ble Ms. Justice Manmeet Pritam Singh Arora
Disclaimer: Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
