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Correct, trademark takes time to get registered, as you have applied for it and your trademark is approved by the department then you can use symbol “™” on the right side top, this shows that you have applied for trademark registration and once you will get the registration you can use “®” on the right side corner of ...
W Network
caDue to some reasons I’m not using my company name. I'll mention XYZ on behalf of my company name. We are based in Chennai, Tamil Nadu. We run a business in Chennai for almost 6 years. It’s a IT training services. Me and my friend runs the business. Initially we got advised to go with "Partnership Firm" registration as we are not fully understand /prepared for "Pvt Ltd" registration. So, we registered with "Government of Tamil Nadu Registration Department" - "Form C". And, got acknowledgment on 2013 form district registrar of companies, Chennai South. Everything goes fine until mid-2016. We've planned to expand our services to "Bangalore" and that time my brother [relative] seems very much interested to promote our brand as a franchisee. Later things are not moving into the expected direction between us, he left us by saying "I don't want your company name. I can go alone from here.". We indirectly lost almost INR 2Cr of revenue in that year [mid 2016 - mid 2017]. Nothing was signed as an agreement from starting to end.
We blindly had trust and waited for 1 year to get some franchisee fees and move on. Later we decided to open a new branch in another location which is around 12kms from his place. At that time we clearly told we are ready to sign agreement which will be safe for everyone. But he rejected. And one fine day we got to know he applied for a trademark which we used for all marketing purpose [a different name, not our company name]. Even at that point we insisted him to surrender all those trademarks to us in polite way. We got negative answer. And he told us finally "I can go alone without your company name from here". Note, the final decision which was taken by him. Not by us. He is still using that name which we used for marketing all the way around 2 years. After 2 months’ time-frame we decided to open a new branch in the area of where he is running his business. And we opened our office by july 2017 which is slightly 200mts from his building. Now, he called me and mentioned he is not happy with this location. I told him, "We don't have anything in between us. No franchisee. No agreements. Even, you left us. not we left you. Anyone can run a business at anywhere. Lets do the business peacefully" Now the problem is he registered a pvt ltd company name which we registered as partnership firm before. I'm not sure, what way we can handle this issue. Needed experts help. PS: We applied for trademark for our company name 3 months back which is accepted and advertised in journal. But we didn't get any certificates from trademark registry. It will take around 6 months to issue certificate as we read somewhere in internet.
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W Network
caCorrect, trademark takes time to get registered, as you have applied for it and your trademark is approved by the department then you can use symbol “™” on the right side top, this shows that you have applied for trademark registration and once you will get the registration you can use “®” on the right side corner of your trademark. Further, as far as you are concerned with the name of your partnership firm and your relative’s companies name now you cannot do anything, as you were having registered partnership firm and he got the name approval from Registrar of company, the only solution you have is that you can go for Limited liability partnership (LLP), may be you will get the same name under LLP Act, 2008. If you want to incorporate a LLP you can hire a Wazzeer and we can help you in incorporation of LLP, or you can simply go for new name if you want a private limited company and intimate all your vendors and concerned business contacts that now you have converted your partnership firm to a Private Limited with another name.
'Get a Wazzeer' to start your business with the right legal advisory that is a sector specialist as well.
over 3 years ago
View answer
Due to some reasons I’m not using my company name. I'll mention XYZ on behalf of my company name. We are based in Chennai, Tamil Nadu. We run a business in Chennai for almost 6 years. It’s a IT training services. Me and my friend runs the business. Initially we got advised to go with "Partnership Firm" registration as we are not fully understand /prepared for "Pvt Ltd" registration. So, we registered with "Government of Tamil Nadu Registration Department" - "Form C". And, got acknowledgment on 2013 form district registrar of companies, Chennai South. Everything goes fine until mid-2016. We've planned to expand our services to "Bangalore" and that time my brother [relative] seems very much interested to promote our brand as a franchisee. Later things are not moving into the expected direction between us, he left us by saying "I don't want your company name. I can go alone from here.". We indirectly lost almost INR 2Cr of revenue in that year [mid 2016 - mid 2017]. Nothing was signed as an agreement from starting to end.
We blindly had trust and waited for 1 year to get some franchisee fees and move on. Later we decided to open a new branch in another location which is around 12kms from his place. At that time we clearly told we are ready to sign agreement which will be safe for everyone. But he rejected. And one fine day we got to know he applied for a trademark which we used for all marketing purpose [a different name, not our company name]. Even at that point we insisted him to surrender all those trademarks to us in polite way. We got negative answer. And he told us finally "I can go alone without your company name from here". Note, the final decision which was taken by him. Not by us. He is still using that name which we used for marketing all the way around 2 years. After 2 months’ time-frame we decided to open a new branch in the area of where he is running his business. And we opened our office by july 2017 which is slightly 200mts from his building. Now, he called me and mentioned he is not happy with this location. I told him, "We don't have anything in between us. No franchisee. No agreements. Even, you left us. not we left you. Anyone can run a business at anywhere. Lets do the business peacefully" Now the problem is he registered a pvt ltd company name which we registered as partnership firm before. I'm not sure, what way we can handle this issue. Needed experts help. PS: We applied for trademark for our company name 3 months back which is accepted and advertised in journal. But we didn't get any certificates from trademark registry. It will take around 6 months to issue certificate as we read somewhere in internet.
-
W Network
caCorrect, trademark takes time to get registered, as you have applied for it and your trademark is approved by the department then you can use symbol “™” on the right side top, this shows that you have applied for trademark registration and once you will get the registration you can use “®” on the right side corner of your trademark. Further, as far as you are concerned with the name of your partnership firm and your relative’s companies name now you cannot do anything, as you were having registered partnership firm and he got the name approval from Registrar of company, the only solution you have is that you can go for Limited liability partnership (LLP), may be you will get the same name under LLP Act, 2008. If you want to incorporate a LLP you can hire a Wazzeer and we can help you in incorporation of LLP, or you can simply go for new name if you want a private limited company and intimate all your vendors and concerned business contacts that now you have converted your partnership firm to a Private Limited with another name.
'Get a Wazzeer' to start your business with the right legal advisory that is a sector specialist as well.
over 3 years ago
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