KERALA HC - SYSTEM GENERATED HARASSMENT ON DELAY OF INCORPORATION BY CENTRAL REGISTRATION CENTRE MCA

24th April 2021

The Kerala HC took a view of the delay caused by MCA in processing the application of Incorporation of an LLP. The Court described such delay as system-generated harassment.

Facts

The Court was hearing a writ filed by the petitioner seeking to incorporate his LLP for providing wellness services. The Petitioner applied to reserve the name REEF wellness and excellence LLP. The Petitioner was informed in May 2019 that the name was available for registration, But MCA kept declining his application for various defects. The petitioner was further asked to fill Form Fillip on various occasions until February 2020. Thereafter, the petitioner reached before the Escalation Authority ROC. The escalation authority again requested the petitioner to file from FiLLiP, which was accepted but later denied on the ground that the proposed name comes under class 5 of the trademark. To which the petitioner submitted that REEF falls under class 5 whereas petitioner's service falls under class 35, 43 of TM.

Judgement

The Court observed that the respondent noted the defects in the instalment. They made the petitioner file fresh applications repeatedly. The respondent even stated in one of the emails that the proposed name is available. However, the respondent finally rejected on the ground of TM.

The Court held that when the name for the service is not identical or deceptively similar to other names registered for different class of product, the Respondent is not justified in rejecting the application. Accordingly, MCA was directed to incorporate the LLP without raiding dispute.

Author: Papiha Ghoshal

Pc - newsclick