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2021 (5) TMI 35 - HC - Companies LawApplication for reservation of the name “Reef Center for Wellness and Excellence LLP” - Rule 18(5) of the LLP Rules - HELD THAT:- The petitioner had applied for reserving the name REEF Wellness and Excellence LLP and the name was reserved for the petitioner for three months. True, the petitioner could not make an application for registration of LLP within three months. However, the petitioner submitted an application for incorporation of LLP in the said name as per Ext.P3 on 23.01.2020. Defects in the application were noted by the respondents in instalments as per Exts. P4, P5, P7, P9 and P10 and the petitioner was made to file fresh applications time and again - t is evident from Ext.P16 that the word REEF is now included in the names of entities dealing in Class 05 goods in Fourth Schedule to Trade Marks Rules, 2002, namely, Pharmaceutical, veterinary and sanitary preparations, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants, preparation for destroying vermin; fungicides, herbicides. The petitioner proposes to deal in services and his activity may fall under Classes 44, 35 or 41 as is evident from Ext.P4 communication of the respondents. The Hon'ble Apex Court considered the issue of registering similar trade name by different entities for difference classes of products, in NANDHINI DELUXE VERSUS KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD. [2018 (7) TMI 2176 - SUPREME COURT]. In the said case, the appellant before the Supreme Court was operating a restaurant under the trade mark NANDHINI and the respondent was selling milk and milk products under the mark NANDINI. The Hon'ble Apex Court held that as the products of the appellant and respondents fall in different classes, there is no question of confusion or deception in the matter of Trade Mark. The case of the petitioner in fact stands on a stronger footing. The registration of word mark already granted by the respondents are “REEFLEC', REEF”, “REEFIT FORTE”, “REEFER (HEMATANIC)” which are all for products falling under Class 05. The petitioner seeks the name “Reef Wellness and Excellence LLP”, not for any product but for a service, and that too which does not fall under Class 05. The name proposed by the petitioner cannot be said to be identical or deceptively similar - the respondents are not justified in declining incorporation of LLP as sought for by the petitioner on the ground of similarity of name. Petition allowed.
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