Legal Question in Criminal Law in India

case details

in 1981, my father, elder brother, myself, younger brother applied for the registration of our trade mark on behalf of our firm.

in 1987 my elder brother left the firm with registered dissolution deed in which its clearly mentioned that he will not use and trade name and goodwill of the company.

in 1996 my father and me also got retired from the firm and my wife, younger brothers wife and second younger brother became the new partners in the firm.

in 1997 we got letter from trademark authority that our trademark is registered. we replied them through lawyer who does work of trademarks that some person have got retired and some got added in the firm kindly change their names along with dissolution deeds.

in 2001 my father got expired.

in 2006 our trademark lawyer send us few papers to sign. first paper was that is their any court case going my younger brother signed as no court case was going. second paper was signed by me as i was retiring and i don't have any objection. but that paper was a joint affidavit of 3 persons my father who expired in 2001 and my elder brother and myself. he submitted that paper in trademark authority. and we got a tm-24 certificate.

in 2007 my elder brother who was retired started using the trademark.We objected and got interim stay from Delhi high court. but my elder brother didn't stopped

in 2008 contempt of court was made and local commission came and raided his factory and goods were taken in the custody.

on next day he with other four industrialists came and on plane paper wrote everything that he will not use trademark and will not give any suicidal threats. all the people involved also did signature. on very next day when we asked him to write it on stamp papers he refused and said he will fight in court.

in 2010 he started threatening us that i have got one paper and now i will not leave you. soon we got a call from Delhi police that Ur elder brother has done complaint against me and my two younger brothers. when we reached police station he showed us a paper which i signed in 2006 on that paper my fathers sign was forged and also my elder brother signature was forged. we were shocked to see the paper as i know that my sign were original. we understood that it was the work of our trademark lawyer.

in 2011 an fir was registered against me and all the four partners of the firm and the person who has attested it i.e the lawyer. we got the bails from the court but the IO did not involved the lawyer who did the forged signature and he submitted the charge sheet keeping me and four partners of the firm and kept out the lawyer.

forensic report has come which says that forged signatures does not match with any of us only my signatures are mine.

Kindly help us as we have not done anything wrong neither we are beneficiary from any side. complainant is just harassing us to get the trademark by this wrong means.


Asked on 5/12/13, 2:00 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.05.2013

Dear Sir / Madam,

When the partnership firm is already dissolved, the trademark of the firm is meaningless unless and until it has been registered in an individual's name.

Regards,

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Answered on 5/12/13, 3:18 am


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