Trademark Withdrawal

The trademark withdrawal process in India is a legal process to withdraw your trademark application while it is in the process of being registered. The trademark withdrawal procedure then restricts the right of the original owner of the trademark to their withdrawn trademark and makes it available to others to pursue the same trademark. Voluntary trademark withdrawal can happen due to several reasons, some of which will be listed below, but before you withdraw your trademark, contact the best trademark withdrawal consultants to get the best advice.
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Service Overview

Trademark application can be withdrawn before the application is registered and the applicant voluntarily withdraws the application, in cases where they do not wish to pursue the application anymore or also in cases where another brand files an opposition questioning the validity of the application. In such cases, the brand decides to either pursue their application or withdraw the trademark.

‍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.

Reasons for Trademark Withdrawal

Rebranding
When a company rebrands their products or services, they withdraw their old trademark.
Modifying business strategy
A company can at any point change their business strategy and no longer need the trademark for the same.
Non-renewal
If the trademark is not renewed within the given renewal period, then the trademark is assumed abandoned by the authorities.
Acceptance by the authorities
The trademark registry might withdraw the acceptance of an application if the validity of the trademark is in question and it is not eligible for registration.

Service Process

01
Identify the reason for withdrawal
Determine why you want to withdraw the application. This could be due to a change in business strategy, realization of a better name, or other reasons, according to Suvit.
02
Submit a formal withdrawal request
This usually involves filling out a specific form and providing supporting documentation, says Compliance Calendar LLP.
03
Review by the trademark authority
The trademark office will review the request to ensure it meets all requirements.
04
Decision on withdrawal
Based on the review, the trademark authority decides whether to approve or reject the withdrawal.
05
Official withdrawal and record update
If approved, the trademark application is officially marked as withdrawn in the system, and the trademark registration is cancelled.
06
Notification
The applicant will typically be notified of the decision and, if approved, the official record update.
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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

Power of Attorney (POA)/Authorization Letter: This is a critical document that grants permission to a designated individual or entity to handle and submit the trademark withdrawal application on your behalf. It's a formal declaration of your consent for them to act in matters related to withdrawing your trademark.
Supporting Documentation: Your trademark withdrawal case may require additional documents. These could include evidence of non-use, documents illustrating the reasons for withdrawal, or any correspondence with the Trademarks Office that pertains to your case.
Notification to Opposition Party: When an existing opposition to your trademark prompts the withdrawal, it's standard practice to inform the opposing party by providing them with a copy of your withdrawal application. This ensures transparency and can facilitate the resolution of any disputes.

Creating

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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

What is Trademark Withdrawal?
Trademark withdrawal refers to the voluntary cancellation or removal of a trademark application by the applicant before it is registered.
When can I withdraw a trademark application?
You can withdraw your application at any stage before registration, typically before examination, after filing but before hearing and before opposition proceedings are completed.
How to file for withdrawal of a trademark application?
File a request using Form TM-M under the Trade Marks Rules, 2017
Include necessary details like application number and reason.
Pay the applicable government fee.
Submit through the IP India portal via a trademark attorney.
Is withdrawal the same as abandonment?
No, withdrawal is a voluntary action by the applicant. Abandonment occurs when the applicant fails to respond to examination reports or complete formalities
What happens after withdrawal?
Once the request is processed, the status of your trademark on the IP India portal will reflect as "Withdrawn" and the application process is officially closed.

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