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Manoj Sahukar   04 June 2022

My LLP business associate registered a trademark in his personal name

I, Manoj Sahukar along with Bibek Poddar had registered an LLP.

Curiosta Innovation Labs LLP

My partner Bibek Poddar registered the trademark "Curiosta" on his personal name instead of LLP name, without my permission. He also tried to conduct business outside the scope of organization in this name.

I want the trademark to be revoked from his personal name. What would you advice?


 2 Replies

Anila Sabu   25 June 2022

In response to your query,

A trademark is a symbol, brand or logo of your organisation. Once registered it can only be used by your company for your company.

However, in this situation your partner used it for his personal use without your consent, this amounts to trademark infringement. He may however get out of this if he had used it for the benefit of the company because he is a partner, but as you have mentioned he used it for personal gain and that too for conducting business outside the scope of the organisation hence you can sue him for trademark infringement.

Now for the process of removing the trademark from his name you (being an aggrieved party) can file a petition for the same by seeking ratification or cancellation of the mark before the Trademark Registry Office or Intellectual Property Appellate Board (IPAB)

Manoj Sahukar   21 August 2022

How to resolve the LLP dispute in the following scenario?

1. I've resigned from said LLP just after 6 months of LLP registration as per agreement with 30 days notice. However, my associate Bibek Poddar didn't file my resignation in MCA.

2. Bibek Poddar didn't renew his DSC after expiration and didn't do any LLP related filing since LLP registration in spite of being reminded by CA and myself.

3. Bibek Poddar didn't cooperate on closing the LLP even after numerous emails and calls as LLP was laying dormant for several years.

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