A Limited Liability Partnership (LLP) is a legal creation which is incorporated under the provisions of The Limited Liability Partnership Act, 2008, The name with which LLP gets incorporated is duly approved by ROC on an application made for that Purpose. While allowing the name ROC take in consideration the provisions of Names & emblems Act, the registrar of LLP shall not approve any name which is undesirable and is identical to or which closely resemble with name of a any other partnership firm or any other LLP or body cerate registered.
The registrar of LLP is also under obligation to see if the proposed name of LLP is not in conflict with any registered trademark or with respect to which any trademark application has been filed and is under consideration before the registrar of trademarks.
However once a name is approved and subsequently LLP gets incorporated the designated partners may change the Name of the LLP, The reason for such name change shall be normally changes is business and to reflect the brand or activity in the name of LLP. The name may be required to be changed on direction/instruction by ROC.
From the above discussion it is clear that the name for a LLP must be unique and it should not be same or similar to the name of any other Company, LLP, other body corporate, registered trademark & a trademark for registration of which an application is pending before registrar of LLP. However, in event of any contradiction on above understanding the aggrieved person can file an application to ROC/ Govt India to seek a direction/instruction for change of impugned name. LLP Name Change can be done in accordance with provisions mentioned in LLP agreement however if agreement is silent on this point then a reference may be made to the Ist schedule of LLP act which describers mutual rights & duties of partner/LLP on such matters.
Following are the procedural steps which has to be taken for change to name of the Limited Liability Partnership (LLP):-