Law Of 13 March 1931, Laying Down Detailed Rules Concerning The Trade Name, As It Stands After The Amendments

Original Language Title: WET van 13 maart 1931, houdende bepalingen omtrent de handelsnaam, gelijk zij luidt na de daarin aangebrachte wijzigingen

Read the untranslated law here: http://www.dna.sr/wetgeving/surinaamse-wetten/geldende-teksten-tm-2005/handelsnaamwet

Law of 13 March 1931, laying down detailed rules in the field of commercial ¬ name (G Act of 13 March 1931, laying down detailed rules concerning the trade name (G.B. 1931 No. 65), even as it stands after the amendments at G.B. 1935 No. 80, G.B. 1936 No. 115, G.B. 1937 No. 121.


Article 11 Under trade name means this law the name or business, including a case in the sense of the first or the second paragraph of article 2 of the Handelsregisterwet (G.B. 1936 No. 149) is driven.


Article 22 the trade name goes over at succession and is prone to transfer, but only in connection with the case, and that under that name is driven.


Article 33 1. It is the owner of a thing forbidden to enter a trade name, which is in conflict with the truth, that the case would, in whole or in part, to another accessories.


2. the first paragraph shall also apply, if the in the trade name common term shall apply only in so low degree of the name of that other is different, that as a result of this confusion in the mind of the public with the owner, are subject to fear.


3. the first paragraph shall not apply if the trade name and the case comes from someone who has had that name does not conflict with this law.


Article 44 1. It is forbidden to enter a trade name, which is in conflict with the truth, that the case belongs to one or more persons, acting as a company under a firm or as a company and a partnership en commandite or limited liability company, a reciprocal insurance or guarantee company, a cooperative or other association or a foundation.


2. In the trade name indicates the mention of more than one person, even if their names are not mentioned, that the thing belongs to persons, acting as a company under a firm; the words "and company", that the case belongs to persons, acting as a company under a firm or to one or more persons, acting as a company and partnership en commandite; the word "society", that the matter belongs to a limited liability company or to an association, and the word "Fund" to a foundation; everything as far as not from the trade name as a whole the contrary.


3. the first paragraph shall not apply if the trade name is conducted by one 1 wt. at G.B. 1936 No. 115, G.B. 1937 No. 121.
2 wt. at G.B. 1936 No. 115.
3 WT. at G.B. 1936 No. 115, G.B. 1937 No. 121.
4 WT. at G.B. 1936 No. 115, G.B. 1937 No. 121.

1 person without partners, and that name and the case come from a company under a company or of a company and ignoramus, who, in commercial name has not conducted in violation of this law.


Article 55 it is forbidden to enter a trade name which, before the case was driven under that name, already was lined by a other legitimate, or that trade name only slightly different, as far as as a result, related to the nature of both business and the place, where they are established, at the public confusion between those things to fear.


Article 66 1. If a trade name is conducted in violation of this law, any person concerned, without prejudice to his claim under Article 1386 and following of the civil code, to the Court of first instance of the place where the case, identify the branch or the branch which is driven under the banned commercial name is established, with the request, the person making the banned commercial name is to condemn, , in it by the right to determine such changes, that the illegality is raised in relation to the applicant, with condemnation also by the other party to a certain sum of money as compensation in the event of violation of the command of the judge.


2. Is the case in more than one canton located, then the right of each of the cantons, in which the case is located, at the discretion of the applicant. The same applies in the event the case outside of Suriname is located, but in more than one canton a branch office or branch.


3. The application shall be served to the other party. The Court of first instance does not on the petition then after trial or proper summoning of parties.

4. within 30 days after the day of decision of the Sub-District Court can by him, which has been unsuccessful, in whole or in part in the appeal may be brought before the Court of Justice, which decided in Council Chamber. The third member is shall apply mutatis mutandis.


5. the judge shall have the power to recommend the provisional enforcement of its decision.


Article 77 1. He that a trade name is in violation of this law, is punished by fine of not more than five hundred guilders.


2. the fact is considered as infringement.

3. If, during the Commission of the offence less than two years have expired since 5 WT. at G.B. 1936 No. 115.
6 WT. at G.B. 1935 No. 80, G.B. 1937 No. 121.
7 WT. at G.B. 1937 No. 121.

2 a former conviction of the culprit because of equal offense has become final, can, instead of the fine, detention not exceeding fourteen days will be imposed.


4. Is the trade name conducted by a company under a firm, then the violation shall be deemed to have been committed by each of the partners; It shall be carried out by a company and partnership en commandite, then she is considered to have been committed by the Managing Director or, there are more than one, by any of them; It shall be carried out by a joint stock company, a reciprocal insurance or guarantee company, a cooperative or other association or by a Foundation, then it shall be deemed to have been committed by the members of the Board.


5. Before proceeding to prosecution of the offence proceeding shall inform the officer to the issued of summons entitled the Attorney General at the Court of justice accordingly.


6. This may be the one, which the banned commercial name is, tell him that the change needed for coming to the illegality of the trade name; He sets him a skillful term to that change.


7. The change made within the prescribed period, then the right to criminal procedure expired.

8. the official referred to the prosecution not before than after him the Attorney General has indicated that he exercises his aforementioned authority or has not been used and that the time limit has passed and no change is made.


Article 88 In the first paragraph of article 36 of the commercial code, the words "has no firm, neither carries" be replaced by the following: "does nothing".


Article 9 1. In article 343 of the Penal Code is instead of "name, firm or the brand", read; "name or business of another, or of the trade mark '.


2. In article 10 of the "rules of Industrial Property Suriname 1912" rather than: "or the name (or the company) contains, on which another right he can, who claims to have such right", read: "or the name or the company of another, he, who claims to have such a law, or whose name contains" the brand or company.


Final and transitional provisions article 10 this Act may be referred to under the title "trade name Act", indicating the volume and number of the Gouvernements sheet, in which it is placed.



8 commercial code repealed by G.B. 1936 No. 115.

3. Article 119 1. This law shall enter into force at a time determined by the President.

2. If, on the entry into force of this law a trade is conducted in violation of this law, may be relevant for four months after that time no appeal.


3. When the expression "not contrary to this Act" at the end of articles 3 and 4 concerns the conduct of a trade before the entry into force of this law, means they: not contrary to this law, if they force during conducting the trade name had been.




9 I.w.t. 1 January 1932 (G.B. 1931 No. 66).

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