cpc

registered trademark and partnership firm


Dear all,

Lately, a peculiar case came across me while dealing with a registered trademark. In brief, the facts of the case are as under:

Four individuals (working/trading as a registered partnership firm) applied for registration of a trademark and got registration for the same. Meanwhile, after the death of one of the partners, his legal heir took his place as per his 'will'. Two more partners were then replaced by other persons and one partner left the firm. The registered trademark was being used by all the partners (proprietors) exclusively in the course of business in the name of their partnership firm only.

In view of the foregoing, I request a clarification as per the laid procedures, whether the current partners of the firm are required to apply for the rectification/correction of the register and change the name of the proprietors or the same will not have any effect and the present partners can continue to use the 'trademark' in course of trade for firm's business.

 

Thanks in advance

Jitendra
 

 
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Lawyer

1) As per will of person after death of origional partner his legal heirs can continue as partenr. Automatically they will get all right as per origional partner. Hence they can use trademark.

for rectification of name u can amend the partnership firm.

Thanks

 
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