19.¹[(1) A limited liability partnership or a company or a proprietor of a registered trade mark under the TradeMarks Act, 1999 (47 of 1999) which already has a name or trade mark which is similar to or which too nearly resembles the name or new name of a limited liability partnership incorporated subsequently, may apply to the Regional Director in Form 23 to give a direction to that limited liability partnership incorporated subsequently to change its name or new name, as the case may be:

Provided that an application of the proprietor of the registered trade mark shall be maintainable within a period of three years from the date of incorporation or registration or change of name of limited liability partnership under the Act.]

(2) The application under sub-rule (1) shall state-

(i) the LLPIN of limited liability partnership, or the CIN of the company or the registration number of the other entity as the case may be;

(ii) the name with which the limited liability partnership or the company or any other entity was incorporated or registered;

(iii) the grounds of objection to the name of the limited liability partnership incorporated subsequently.

(3) The application shall be verified by the person making it.

²[(4) The person making the application shall attach a copy of the incorporation certificate of the limited liability partnership or the company or the registration certification of the entity, as the case may be.]

(5) The application shall be accompanied by a fee as mentioned in Annexure “A”.

Amendments:

1. Substituted by the Limited Liability Partnership (Amendment) Rules 2022, dated 11-02-22 w.e.f 01-04-22.

for the words and figures;

(1) A limited liability partnership or a body corporate or any other entity which already has a name which is similar to or which too nearly resembles the name of a limited liability partnership incorporated subsequently, may apply to the Registrar in Form 23 to give a direction to that limited liability partnership incorporated subsequently to change its name.

shall be sustituted namely;

(1) A limited liability partnership or a company or a proprietor of a registered trade mark under the TradeMarks Act, 1999 (47 of 1999) which already has a name or trade mark which is similar to or which too nearly resembles the name or new name of a limited liability partnership incorporated subsequently, may apply to the Regional Director in Form 23 to give a direction to that limited liability partnership incorporated subsequently to change its name or new name, as the case may be:

Provided that an application of the proprietor of the registered trade mark shall be maintainable within a period of three years from the date of incorporation or registration or change of name of limited liability partnership under the Act.

2. Substituted by the Limited Liability Partnership (Second Amendment) Rules, 2022.

for the words and figures;

(4) The person making the application shall attach-

(a) the authority under which he is making such an application;

(b) a copy of the incorporation certificate of the limited liability partnership or the company or the registration certificate of the entity, as the case may be.”

shall be sustituted namely;

(4) The person making the application shall attach a copy of the incorporation certificate of the limited liability partnership or the company or the registration certification of the entity, as the case may be.