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TMI Blog2021 (5) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's application was approved as per Ext.P2 letter dated 22.05.2019, wherein it was stated that the mentioned name is made available for registration of the LLP for new incorporation. 3. On 23.01.2020, the petitioner filed Form FiLLiP for incorporation of the Limited Liability Partnership under the name 'Reef Centre for Wellness and Excellence LLP'. The 1st respondent-Assistant Registrar of Companies, as per Ext.P4, approved the proposed name of the LLP with the remark "No Resemblance found, TM Checked u/c (Under Class) 44,35,41 Name can be given". However, the 1st respondent noted certain defects in the application. 4. The petitioner rectified the defects and resubmitted the FiLLiP form on 05.02.2020. However, the resubmitted FiLLiP Form was once again sent back by e-mail dated 05.02.2020 stating that the NOC should be provided by the same person in whose name the utility bill was furnished. The petitioner submitted Ext.P6 explanation clarifying that NOC signed by the building owner was already given and telephone bill in the name of Reef Wellness and Excellence was also submitted. 5. The 1st respondent again rejected Ext.P3 application on 18.02.2020 as per Ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bed as a 'system generated harassment' aggravated by non application of mind by officials who leave everything to be dealt with by the system, thereby putting the common man to an agonising phase of suffering, where he is condemned to deal with faceless men and machines. 11. With the intention of starting an LLP for providing Wellness services, the petitioner filed an application to reserve the name REEF Wellness and Excellence LLP invoking Rule 18(4) and (5) of the Limited Liability Partnership Rules, 2009. After processing the said application the petitioner was informed as per Ext.P2 dated 22.05.2019 that the name is available for registration and this is valid for three months. The petitioner could apply for incorporation of partnership only after three months, as per Ext.P3 dated 23.01.2020. 12. The petitioner was served with Ext.P4, a system generated mail. By Ext.P4, the petitioner was informed that the name can be given. However, the mail noted following defects in the application: "1. Address should be visible in the provided utility bill and it should match with Fillip Note-For R/Office address proof provide utility bill (electricity/gas/water/mobile/telephone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Corporate Affairs as per Ext.P8 and explained the situation. Ext.P8 was replied by the Authority holding that "the raised queries are valid and the stakeholder is requested to comply accordingly". The Authority was again addressed specifically asking as to how OCI card or Business Visa can be demanded from an Indian Passport holder. To the said mail, Ext.P10 reply was received to the effect that demand for Business Visa/OCI card was made "inadvertently and can be disregarded". But, Ext.P10 required the petitioner to file a fresh Form with a clarification letter along with a copy of Ext.P10. 16. The petitioner thereupon filed fresh Form FiLLiP as per Ext.P11. To the surprise and predicament of the petitioner, as per Ext.P12, the respondents informed that the proposed name of the LLP include the word "REEF" which is a (tm) under Class 5 and hence it cannot be considered. The petitioner was also required to submit new Subscriber Sheet as the one submitted is "too old" and to furnish "passport with latest arrival stamp" of the non-resident partner. 17. The petitioner thereupon submitted a fresh FiLLiP Form for the third time, as per Ext.P13, clarifying that the word REEF is a (tm) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e evident that an LLP with identical or resembling name is not permitted in view of the regulations made in the Trade Marks Act, 1999. Section 28 of the Trade Marks Act, 1999 reads as follows: "28 : Rights conferred by registration- (1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this Act." It is clear from Section 28 that exclusive right to use a trade mark is given to a registered proprietor of a trade mark only in relation to the goods or services in respect of which the trade mark is registered. 21. It is evident from Ext.P16 that the word REEF is now included in the names of entities dealing in Class 05 goods in Fourth Schedule to Trade Marks Rules, 2002, namely, Pharmaceutical, veterinary and sanitary preparations, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings; materials for stopping teeth, dental w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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