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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?


Quick Summary
A business associate registered the LLP's trademark, "Curiosta," in their personal name without permission. This is considered trademark infringement, especially as the partner also conducted business outside the LLP's scope. You can petition the Trademark Registry or IPAB to revoke the mark. Additionally, issues with your partner failing to file your resignation, renew DSC, or cooperate in closing the dormant LLP need addressing.

 3 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.

Shweta Bharti (--)     20 May 2026

Hello, Inquirer. I see that your query is related to The Trade Marks Act, and  Lawyers Club India (LCI) offers specialized classes on this subject to enhance your practical understanding and overall knowledge.       

https://www.lawyersclubindia.com/learning/trademark-filing-masterclass-207.asputm_source=mobile&utm_medium=yellowstrip&utm_campaign=trademark

Visit the given link to our live course  and enroll to gain valuable insights that will strengthen your legal knowledge as well as your practical understanding. which will help you understand your situation in the court and take informed decisions. 
 
FOR ANY MORE DOUBTS AND CLARIFICATIONS PLEASE DO NOT HESITATE TO REVERT OR GET IN TOUCH WITH ME ON LINKEDIN:  https://www.linkedin.com/in/shweta-bharti-022954203utm_source=share_via&utm_content=profile&utm_medium=member_ios  
 
SHWETA BHARTI 
ADVOCATE- DEHRADUN, UTTRAKHAND
Hello, Inquirer. I see that your query is related to The Trade Marks Act, and  Lawyers Club India (LCI) offers specialized classes on this subject to enhance your practical understanding and overall knowledge.       
https://www.lawyersclubindia.com/learning/trademark-filing-masterclass-207.asputm_source=mobile&utm_medium=yellowstrip&utm_campaign=trademark

Visit the given link to our live course  and enroll to gain valuable insights that will strengthen your legal knowledge as well as your practical understanding. which will help you understand your situation in the court and take informed decisions. 
 
FOR ANY MORE DOUBTS AND CLARIFICATIONS PLEASE DO NOT HESITATE TO REVERT OR GET IN TOUCH WITH ME ON LINKEDIN:  https://www.linkedin.com/in/shweta-bharti-022954203utm_source=share_via&utm_content=profile&utm_medium=member_ios  
 
SHWETA BHARTI 
ADVOCATE- DEHRADUN, UTTRAKHAND


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