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ben (hhfhjtj)     22 November 2011

Trade mark dispute

hi ,we are running a business for 50 yrs.we have been using the logo to signify our business.we have nor registered it.can some one else register it. moreover as the business is partnership,canany partner register the logo in his mane without the consent of other partners 



Learning

 3 Replies


(Guest)

prima facie, just register ur Brand/ Logo/ Mark as any one can register it and once he/ she/ it get registered u will not authorised legally to deal under that brand/ logo/ mark but if still u did then u r liable for punishment (infringment suit will imposed on u)

further any partner can register its logo with the consent of all partners.

In case, any issue regarding registration/ formalities pls feel free to speak with me.

 

Manoj Kumar (Advocate)

Delhi,

Ph: 09310443650

Email: advocates.agra@gmail.com

Rajesh Hazra (Mediator Mediation Counsel)     22 November 2011

Individual partner can not register or make an application for registration without the consent or NOC from the other partners. You can always oppose to it . The opposition is a seperate step altogether.

Regards

Chirag Bhatt (Lawyer Gujarat High Court)     24 November 2011

No partner gets the mark registered in his own name unless and until an agreement is made in favour of him. Your  mark is protected under common law as it is unregistered.


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