Aditya Raj (Owner) 11 May 2016

Startup: trademark confusion in partnership firm

Hello everyone,

I have a question. We are three partners and setting up a partnership IT firm in next 1-2 weeks.

Before joining the third partner, we (two partners) were working on a startup idea.

Now, the third partner can't be part of the Startup but will be part of IT services we will provide and he understands it completely.

We will file a trademark for that idea now but it will be owned by the IT company.

How can we exclude the partner with that particular venture?

For example: The IT company (3 partner) is XYZ Software Comapny. But, we are launching a web portal abc.com.

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5 Replies

jyotirmaya behera (advocate) 19 May 2016

Have you register you partnership deed?

Have you register your partnership firm?

In your partnership firm 3rd person is there?

Jyotirmaya Prasad Behera

Advocate

Orissa High Court

9861819294

Adv. Samadhan Chavan 31 May 2016

You have to exicute new agreement between startup idea. partner and then keep the rights and liabilities only between you its simple just take the NOC from 3rd partner

Aditya Raj (Owner) 31 May 2016

Originally posted by : jyotirmaya behera
	Have you register you partnership deed? Have you register your partnership firm? In your partnership firm 3rd person is there? Jyotirmaya Prasad Behera Advocate Orissa High Court 9861819294

Thank you for your reply.

Yes, the third person is also there in the partnership firm. But, he is not interested in the startup idea.

Aditya Raj (Owner) 31 May 2016

Originally posted by : Adv. Samadhan Chavan
	You have to exicute new agreement between startup idea. partner and then keep the rights and liabilities only between you its simple just take the NOC from 3rd partner

Thanks for the suggestion.

Shweta Bharti (--) 25 May 2026

Hello, Inquirer.

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

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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.

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SHWETA BHARTI

ADVOCATE- DEHRADUN, UTTRAKHAND