LLP RUN_Resubmission due to already registered trademark

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CA. Rajat Nagpal

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May 17, 2019, 9:39:02 AM5/17/19
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Dear Professionals,

I have received the resubmission of LLP RUN, We have applied for agricultural activity (Which belongs to TM Class 1) with the following name:
  1. Kanak Farms and Agro LLP
  2. SS Farms and Agro LLP
Resubmission email: 

"Dear Sir/Madam,

This is to inform you that in term of the provisions under Rule 36(8) of Limited Liability Partnership rules, 2009,
the above-cited RUN-LLP dated 16-05-2019 filed by APPLIED FOR vide SRN M10387785 has been examined and marked as
Sent for Resubmission with the following remarks:


'1'. Proposed names include the word 'KANAK, SS   ' which has existing trademark or a trade mark which is subject of
an application for registration under Class 29, 30. Hence, the name is not considerable in view of provisions of
Sec 15(2)(b) of the LLPAct, 2008 r.w. Rule 18(2) (x) of  LLP Rules, 2009.
2. NOC, as applicable, to be provided along
with a clear & legible self-attested copy of PAN card (bearing signature) of the TM holder / applicant / authorised
signatory in case of a body corporate. In case NOC is from a body corporate, PAN of body corporate is also required
along with BR.

The defects or incompleteness in any respect in this eForm as noticed by the Registrar have been placed on the
Ministry website (www.mca.gov.in) In view of the above, you are therefore, directed that this eForm should be
resubmitted complete in all respects by 01-06-2019 failing which the eForm shall be treated as invalid and shall not
be taken on record or transaction shall be cancelled.

This is a MCA21 system generated mail for your information and necessary action. Please do not reply to this mail."


Please advice.


Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

Email:  canagp...@gmail.com


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Nihar Upadhyay

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May 17, 2019, 9:43:26 AM5/17/19
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Dear Sir, 

You can't get that both names as the same name is already with trademark.

Either you have to attach NOC from the person who hold above trademark with self attested copy of PAN or can apply with another names.

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CA. Rajat Nagpal

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May 17, 2019, 9:47:04 AM5/17/19
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Thanks for your opinion Mr Nihar but the trademarks are registered in class 29 / 30 and not in class 1. 
As per my opinion, If the same name is registered in the respective class then only we can not get the name.

Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

Email:  canagp...@gmail.com


Go Green Save Trees !!! | The future will thank you !!!

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CA. Rajat Nagpal

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May 17, 2019, 9:48:43 AM5/17/19
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Thanks for your opinion Mr Nihar but the trademarks are registered in class 29 / 30 and not in class 1. 

As per my opinion, If the same name is registered in the respective class then only we can not get the name.


Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944


Go Green Save Trees !!! | The future will thank you !!!
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Nihar Upadhyay

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May 17, 2019, 10:00:34 AM5/17/19
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Dear Sir, 

While reading the text of Section 15(2)(b) it has written that name should not identical or resembles to existing name of LLP or Registered Trademark or a trademark which is subject matter of an application for registration of any other person under trademarks act.

So, as per my opinion MCA will not approve the above name regardless of the different class.

On Fri, 17 May 2019, 7:18 pm CA. Rajat Nagpal, <canagp...@gmail.com> wrote:
Thanks for your opinion Mr Nihar but the trademarks are registered in class 29 / 30 and not in class 1. 

As per my opinion, If the same name is registered in the respective class then only we can not get the name.


Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

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AmruthaShruthi CS

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May 17, 2019, 11:36:41 AM5/17/19
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Dear Sir,

Previously, I had faced a similar situation and irrespective of the class of TM they will not approve it. I had even raised a ticket, but it was of no use. We need to attach BR ( if TM is in body corporate's name), NOC and KYC of the TM holder if we need approval of name. In fact, in my case, the name got rejected and we had to change the name of the LLP and reapply.

Regards,
Amrutha Iyengar


On Friday, May 17, 2019, Nihar Upadhyay <csnihar...@gmail.com> wrote:
Dear Sir, 

While reading the text of Section 15(2)(b) it has written that name should not identical or resembles to existing name of LLP or Registered Trademark or a trademark which is subject matter of an application for registration of any other person under trademarks act.

So, as per my opinion MCA will not approve the above name regardless of the different class.

On Fri, 17 May 2019, 7:18 pm CA. Rajat Nagpal, <canagp...@gmail.com> wrote:
Thanks for your opinion Mr Nihar but the trademarks are registered in class 29 / 30 and not in class 1. 

As per my opinion, If the same name is registered in the respective class then only we can not get the name.


Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

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Regards,
Amrutha Iyengar
Company Secretary
#1, 8th Cross, 5th Main,
Padmanabhanagar
Bangalore - 560 070
Office: 080 - 2669 3284


Sankesh Rajgor

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May 17, 2019, 12:53:12 PM5/17/19
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Resubmit with a letter that there is no TM registered or applied in class 1 hence the name shall be available to us.

Before that please check in class 1 if there any application is under process or what. 

On Fri 17 May, 2019, 9:06 PM AmruthaShruthi CS, <csamruth...@gmail.com> wrote:
Dear Sir,

Previously, I had faced a similar situation and irrespective of the class of TM they will not approve it. I had even raised a ticket, but it was of no use. We need to attach BR ( if TM is in body corporate's name), NOC and KYC of the TM holder if we need approval of name. In fact, in my case, the name got rejected and we had to change the name of the LLP and reapply.

Regards,
Amrutha Iyengar

On Friday, May 17, 2019, Nihar Upadhyay <csnihar...@gmail.com> wrote:
Dear Sir, 

While reading the text of Section 15(2)(b) it has written that name should not identical or resembles to existing name of LLP or Registered Trademark or a trademark which is subject matter of an application for registration of any other person under trademarks act.

So, as per my opinion MCA will not approve the above name regardless of the different class.

On Fri, 17 May 2019, 7:18 pm CA. Rajat Nagpal, <canagp...@gmail.com> wrote:
Thanks for your opinion Mr Nihar but the trademarks are registered in class 29 / 30 and not in class 1. 

As per my opinion, If the same name is registered in the respective class then only we can not get the name.


Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.

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Regards,
Amrutha Iyengar
Company Secretary
#1, 8th Cross, 5th Main,
Padmanabhanagar
Bangalore - 560 070
Office: 080 - 2669 3284


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Ramachandran V

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May 18, 2019, 9:07:34 PM5/18/19
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In my view MCA should not be doing micro management w.r.t TM issues which does not fall under their domain. As a last resort please send a mail to Mr k Murthy joint secretary explaining the facts

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Prakash Nagarajan

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May 19, 2019, 4:31:16 AM5/19/19
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Dear CA Rajat Nagpal

You are right in understanding but very recently (10th of May 2019) the notification was released by MCA amending Rules 8A of Companies (Incorporation) Rules, 2014. 

Where the amended rule 8A (b) contains the words: 

"save as provided in section 35 of the Trade Marks Act, 1999 (47 of 1999), the name includes a trade mark registered under the Trade Marks Act, 1999 and the rules framed thereunder in the same class of goods or services in which the activity of the company is being carried out or is proposed to be carried out, unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters;"

Thus for companies, the said rule applies. But your case is LLP where Section 15(2)(b) of LLP Act, 2008 does not provide such class wise exemption. May take little time but will have to wait. 

My understanding goes this way: If required for sure you can incorporate a company with the same name but surely not an LLP as section 15(2)(b) gets violated. Though unfair we are left with no other options until the section gets amended in line with R8A of Coy (Incorp) Rules, 2014. 

Mr Rajat Ji, try giving an reply along with affidavit that there is a amendment in R 8A Coy (Incorp) Rules, 2014 & the name applied for is not in conflict with the applied class. May be they can consider but I am highly unsure. 

Regards

CS Prakash Nagarajan

+91 8248 597386

+91 99766 77277

 

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Shubham Singh

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May 19, 2019, 5:09:33 AM5/19/19
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Mr Rajat 

Kindly go through with the objects which you have entered in comment box...may be those are also falling in class 29 & 30

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CA. Rajat Nagpal

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May 21, 2019, 3:33:40 AM5/21/19
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Thank you all for your quick advice.

Regards,

CA. Rajat Nagpal

NAGPAL RAJAT & ASSOCIATES

Chartered Accountants

H-55, LGF, Lajpat Nagar - 1, Delhi - 110024  

Mob(India): +91-9999846944

Email:  canagp...@gmail.com


Go Green Save Trees !!! | The future will thank you !!!


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