A trademark is a visual symbol or sign in the form of a word, a device, or a label and a means of identification which enables a company to make its goods and services distinguishable from other companies. A trademark is considered to be a type of property which entitles the company to use the mark to represent its goods and services in perpetuity. By registration of a trademark, certain rights are conferred upon the company and the most important of them is the identification of the goods of the company with that mark.

Though the registration secures the right to use a trademark exclusively, a company has to be vigilant and check regularly to ensure that no one violates this right. If another company uses an identical or deceptively similar trademark of a company, the goodwill and reputation which is built by the company with lot of effort and the right conferred by registration of such a mark will be of no use. Also the competitors might get their marks registered which are confusingly similar to the registered trademark to take economic advantage.

To prevent competitors from taking advantage of a company’s trade mark and associated good will, a company should oppose the registration applications of confusingly similar mark filed by competitors. The same can be done by filing an opposition to the trademark applications which are regularly published in the trademark journal released by the trademark registry. The period available for filing an opposition proceeding is only 3 months and after the expiry of this period the right to oppose is foreclosed. Thereafter the only remedy left for a Company is to approach the court for nullification of the other Company’s mark, which could be very expensive and time consuming.

The trademark opposition is a valuable business tool but is very complex and includes procedural and legal steps. It is generally considered as one of the grey area of trademark law, where any action without a properly aided advice can jeopardize the rights of the company. Brain League IP Services, a leading IP Services Company, in addition to its Trade Mark registration services, has launched opposition watch services through which the company tracks all the trademark applications which are either same or similar to a client’s mark. Brain League’s expert team evaluates the application published in the trademark journal on a regular basis and evaluates the possibilities of filing opposition against confusingly similar marks.

In addition to watching trade mark publication for evaluating possibilities of opposition, the company also offers a transparent online tool through which their clients will receive regular updates regarding opposition proceedings and related timelines. Such a system reduces the chances of human error and safeguards the interest of the clients.

Speaking about Brain League’s trade mark services, Mr. Vishal, Senior IP Analyst said, “Right to file an opposition is a very tricky tool in the hand of the trademark holder. If the same is used callously it may lead to nullification of a person’s own mark. While preparing an opposition analysis report, we consider the current position of law, strength of the mark, objectives of the company, the possible injury which might be caused if the other mark is not opposed, and time frame required for outcome of such opposition proceedings. Our team having Masters Degrees in IP from highly reputed institutions enable clients to safeguard the trade mark interests of clients aggressively and effectively.”

Brain League has off late emerged as the leader in the field of IP and its value added trade mark services will go a long way in pushing the standards of trade mark services being offered in India. To learn more about Brain League’s trade mark services, please visit

http://www.brainleague.com/offering/trademark_services.htm

About Brain League

Brain League is a leading Intellectual Property (IP) services company providing end to end services in various countries. The company was founded by graduates from IIT, Madras, IIM, Bangalore, National Law School of India University, Bangalore and Franklin Pierce Law Centre, USA. Brain League is one of the first companies to successfully incubate out of NSRCEL at IIM, Bangalore. It offers services covering IP generation, protection, commercialization and management. Its services are offered by experienced personnel whose experience, specialization and training suit the requirements of the client. It provides services with a blend of technology, management and law. It is one of the first companies in India to realize the importance of blending technology, management and legal expertise in providing value added Intellectual Property services. Its well qualified team and proprietary technology enabled processes allows it to provide high quality services and maintain timelines. Its technology and legal measures enables it to maintain confidentiality of client information.