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523.   Prohibited name

Revised Laws of Saint Lucia (2022)

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523.   Prohibited name

The name of a company —

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    (a)     shall not be the same as or similar to the name or business name of any other person or of any association, partnership or firm, if the use of that name would be likely to confuse or mislead, unless the person, association, partnership or firm consents in writing to the use of that name in whole or in part, and —

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      (i)     if required by the Registrar in the case of any person, undertakes to dissolve or change his or her or its name to a dissimilar name within 6 months after the filing of the articles by which the name is acquired, or

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      (ii)     if required by the Registrar in the case of an association, partnership or firm, undertakes to cease to carry on its business or activities, or undertakes to change its name to a dissimilar name, within 6 months after the filing of the articles by which the name is acquired;

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    (b)     shall not be identical to the name of a body corporate incorporated under the laws of Saint Lucia before the commencement date;

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    (c)     shall not suggest or imply a connection with the Crown, the Government, a ministry, a department, or activity of the Government, unless consent in writing of the proposed name is obtained from the Minister who is responsible for a sector; (Substituted by Act 4 of 2021)

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    (d)     shall not suggest or imply a connection with a political party or a leader of a political party;

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    (e)     shall not suggest or imply a connection with a university or a professional association recognised by the laws of Saint Lucia unless the university or professional association concerned consents in writing to the use of the proposed name;

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    (f)     shall not be a name that is prohibited by the regulations or any law in force before the commencement of this Act;

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    (g)     shall not be the same as or similar to a registered trademark in Saint Lucia unless consent is given by whom consent is to be given in writing for the use of that name in whole or in part; (Inserted by Act 13 of 2015)

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    (h)     shall not be the same as or similar to any statutory entity established in Saint Lucia; and (Inserted by Act 13 of 2015)

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    (i)     shall not suggest or imply a connection with a registered insurer, a registered insurance agent, a registered insurance salesperson or a registered insurance broker unless the Registrar of Insurance consents in writing to the use of the proposed name. (Inserted by Act 13 of 2015)

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