Trademark Opposition

Trademark opposition is a legal process where a third party challenges the registration of a published trademark within four months of its advertisement in the Trademark Journal. This stage is critical and can prevent a trademark from being registered. Whether you’re filing or defending an opposition, timely action and a strong legal strategy are essential to protect your brand identity and rights.
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Service Overview

Trademark opposition involves filing or responding to a formal objection against a published trademark. This ensures only legally sound and distinctive marks are registered. Our legal team helps businesses navigate this stage through precise documentation, expert representation, and timely follow-ups.

‍Challenges of Filing for a Private Limited Company

Complex Procedures
The formation of the private limited company is quite complex as it requires many legal formalities.
Time-Consuming
Sometimes, its exhausting to gather all the necessary papers and fill out all necessary documents.
Share Limit
In a Private Limited Company there is a limit of 200 shareholders, with a restricted limit on share transfers.
Business Commencement
Within 180 days of registering a Private Limited Company, the certificate of commencement of business must be obtained.

Advantages of Trademark Opposition

Protects Your Trademark Rights
Opposition allows you to prevent others from registering similar marks, preserving your brand’s uniqueness and avoiding customer confusion.
Defends Against Legal Challenges
 If your trademark is opposed, filing a well-drafted counter-statement with proper evidence helps defend your claim and secure registration.
Avoids Future Legal Conflicts
Successfully handling opposition now prevents long-term disputes and infringement cases that can arise from unresolved trademark issues.
Ensures Fair Market Competition
Opposition maintains fairness by ensuring that trademarks do not violate existing rights, benefiting genuine businesses in the long run.

Service Process

01
Trademark Journal Monitoring
We track newly published trademarks to help businesses identify marks that may conflict with their registered or applied trademarks.
02
Filing Notice of Opposition
If conflict is found, we prepare and file the opposition within four months of publication, citing valid legal grounds.
03
Receiving Counter Statement
In case you are the applicant and someone files opposition, we prepare a legally sound counter-statement to defend your trademark.
04
Evidence Submission by Both Parties
Both parties are required to submit documentary proof to support their claims and counterclaims during the proceedings.
05
Hearing at Trademark Office
A hearing is scheduled if needed, where we represent your case and argue before the Registrar based on legal merit and documents.
06
Final Decision by Registrar
The Registrar issues a decision based on submissions and hearings. If ruled in your favor, your trademark proceeds to registration.
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Service Process

Consultation
We will have a consultation regarding your business vision and requirements to decide on whether the private limited company fits you well.
Documentation
We will help you to do the paperwork involving preparation of the Memorandum of Association and Articles of Association.
Registration
We will then forward all the necessary documents to the Registrar of Companies as required for registration.
Support
We will always be here with you to offer assistance and advice so that you can efficiently run your private limited company.
Compliance:
We will assist you in maintaining a continuing compliance with all legal and regulatory standards.
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Service Process

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Our expert trademark registration consultants will assist you in searching for a suitable trademark.

We assist in making the trademark registration documentation process hassle-free.

We monitor the trademark process status for constant updates.

We guarantee to provide you with complete support and assistance during and after the trademark registration process.

Why Choose JR Compliance?

Service Breakdown

Who needs this

Who needs this

Businesses with Unique Logos/Names: Safeguard your brand identity by registering unique business names, logos, or slogans to prevent unauthorized use.
Startups Building Brand Value: Protect emerging brands and build credibility in competitive markets with trademark registration for distinctive assets.
Companies Expanding Globally: Secure trademarks for businesses expanding internationally to ensure global brand recognition and legal protection.
Creative Professionals/Artists: Protect intellectual property like designs, logos, or unique creations to ensure they remain exclusively yours.

Documents

Documents

Notice of Opposition: Document filed to formally oppose a published trademark in the Trademark Journal.
Counter Statement Copy: Filed by the applicant in response to the opposition notice within the prescribed time.
Evidence Supporting Claim: Includes prior registration certificates, proof of use, invoices, publicity material, or brand reputation documents.
Affidavits or Legal Declarations: Sworn statements validating usage claims, distinctiveness, and brand ownership can strengthen your opposition or defense.

Creating

Trust-Driven Relationships

JR Compliance is one of the known name for BIS certification, they are well versed with processes and guide client properly.
Kartik Shah
Published on 4 March 2024
We have outsourced the entire BIS certification responsibility of our panels to JR compliance since 2017 and their service so far has been exemplary.
P N Dhawanjewar
Published on 4 March 2024
We have been using JR Compliance services since last 3 years on various BIS related registration & testing of our various IT & electronic products. We really appreciate your full-fledged & excellent support in all respect in this matter.
K Narayanan
Published on 4 March 2024
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FAQ

How to file a trademark application in India?
To file a trademark application in India, you need to choose a unique mark, conduct a search, fill out Form TM-A, pay the registration fee, and address any objections. The application can be filed online or by visiting a Trademark Registrar Office.
Who can file a trademark application in India?
In India, any individual, company, partnership firm, LLP, trust, or other legal entity can file a trademark application. Essentially, anyone claiming to be the proprietor or owner of a mark and intending to use or using it for specific goods or services is eligible. This includes Indian and foreign entities.
What is the trademark filing process in India?
The Indian trademark filing process involves several steps, starting with a trademark search to ensure uniqueness, followed by filing a trademark application, and ultimately, registration if no objections are raised. The process can be done online through the e-Filing portal or offline at the relevant trademark office.
What is the fees for trademark filing in India?
The fee for trademark filing in India depends on the type of applicant. For individuals, startups, or small enterprises, the fee is ₹4,500 per class when filing online. For companies and other non-eligible applicants, the fee is ₹9,000 per class when filing online.
Can I file my own trademark application?
Yes, you can definitely file your own trademark application via the IP India portal and execute every process. The challenge arises when is either Formality Check Fails or the there is any objection or opposition. In order to avoid this, you will need legal help to avoid costly mistakes that can harm your businesses reputation and delay the registration process.

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All to whom it may concern, JR Compliance is not liable for any direct, indirect, incidental, special, or consequential damages from the use of any information contained on our website, or from any action/ decision taken as a result of using the site.
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