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Trademark fraud done by partner in a Partnership Firm
08-Mar-2023 (In Trademark & Copyright Law)
I am running a buisness since 1986 with my partner who joined me in 1989 then our buisness got registered in 1992 legally in partnership firm basis.Now he opened another branch in the same buisness name and had applied for trademark without my consent.I want to know 2 things: 1/Who will be the Founder? Only Me or Both of Us? 2/My partner applied for Trademark as partnership firm proprietor type after I caught him (before-single firm) but the certificate issued by government has partnership firm mentioned but only his name is printed trading as the M/s.XYZ.When I opposed this the advocate appointed by him said 2 names are not printed only one name comes in the certificate. Is this True? Kindly give your valuable opinion.Thank You.
Whether you have any proof of the company on proprietary using the said trademarks.secondly whether there is any cluase of that the second partner has the power of attorney to decide to take decision in certain situations. If so then go for correction of the certificate with the registry or an appeal.
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Adv. H V B R K Dora
Bhubaneswar | 25+ Answers
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