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CS Executive · Setting Up of Business, Industrial and Labour Laws · Limited Liability Partnership

Founders wish to register "Zenith Consulting LLP", but a registered trade mark of another person under the Trade Marks Act, 1999 is "Zenith Consulting". What does the LLP Act provide on the name?

An LLP cannot be registered under a name that the Central Government considers identical to, or too nearly resembling, another LLP, a company or a registered trade mark of another person. Zenith Consulting LLP would therefore be refused, since the name matches another person's registered trade mark.

  1. AName may be registered because trade marks are irrelevant to LLP names
  2. BName may be registered if the LLP is in a different state
  3. CName cannot be registered if the Central Government finds it identical or too nearly resembling a registered trade mark of another personCorrect
  4. DName can be registered only if the word LLP is not the last word

Explanation

The Act bars registration of a name that, in the Central Government's opinion, is undesirable or is identical or too nearly resembles another LLP, a company or a registered trade mark of any other person. Location is not a relevant exception. Also, LLP or Limited Liability Partnership must be the last words, so the final option is reversed.

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