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LLP Name Change

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You may be interested in changing the name of your Limited Liability Partnership (LLP) due to a business reason, personal reasons or based on the directions of the Central Government. Central Government could order a change of LLP name, if the name is considered to be undesirable or similar with or too closely bearing resemblance with the name of an existing LLP. 

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Introduction

LLP Name Change

The name of a business is a crucial part of Limited Liability Partnership (LLP) registration. It represents the face of the company and appears everywhere, like on documents, letterheads, pamphlets, banners, and more. Sometimes, LLPs need to change their name with the agreement of the partners or under the direction of the Central Government, or for other reasons. However, the name change process requires approval from the ROC and follows the rules and regulations of the Limited Liability Partnership Act, 2008. In this article, we will explain the process of changing the name of an LLP in simple terms. LLPs can confidently navigate the name modification process by understanding the steps and requirements while maintaining their brand identity.

Benefits

Benefits of LLP

Own Legal Identity

An LLP is like its own person, just like big companies. This helps people trust and work with it, as it can do legal things independently.

Less Risk for Partners

LLP partners are only responsible for what they put in. They don't have to pay for all the debts or losses, which is good for their reputation.

Saves Money and Time

Starting an LLP costs less and has fewer rules than big companies. There's less paperwork to do every year.

No Fixed Money Needed

You don't need much money to start an LLP. Partners can put in whatever amount they want.

Process

LLP Name Change In Easy Steps

Document Checklist

Documents required to LLP Name Change

Consent Letter of the Partners

A letter from the partners of the LLP providing their consent for the name change.

Copy of Resolution Passed in the Meeting of the Partners

A copy of the resolution passed during a meeting of the partners authorizing the name change.

Copy of Trademark certificate

A copy of the Trademark certificate should be provided if the LLP name is registered under the Trademark Act.

LLP Agreement

The existing LLP agreement may need to be amended to reflect the name change.

NOC from the Trademark Owner

If the LLP name is registered under someone else’s ownership, a (NOC) from the owner is needed.

Notice of Name Change

A formal notice announcing the change of name for the LLP.

New Names

A list of proposed new names for the LLP, in order of preference.

Supplementary Agreement

In some cases, an additional agreement may be required to document the name change officially.

Faq

Frequently Asked Questions (FAQ)

The process involves filing of the application, processing by the Trademark Office, examination of the application, replying to the examination report, a show cause hearing (if necessary), publication of the trademark, and finally, the issuance of the registration certificate.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

Yes, one can apply for registration under multiple classes in one single application.

Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.

 
The TM symbol indicates that your trademark application is pending with the registry, while the R symbol signifies that your trademark is officially registered.
 
A trademark objection is a preliminary refusal issued by the examiner if he/she finds the applied mark to be ineligible for registration under certain grounds during the examination process.
Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.

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