Application for Direction to Change Name — Grounded. Argued. Directed.
Application to the authority for a direction that an LLP change a name too closely resembling an existing name or registered trade mark — grounds, evidence, limitation and the application itself.
Book Free ConsultationWhere an LLP is registered under a name that too nearly resembles an existing company, LLP or registered trade mark, the proprietor of the earlier right can apply for a direction that the name be changed. It is a remedy with a window, and the window is not generous.
At N D Savla & Associates, we assess the strength of the grounds, assemble the evidence of prior rights and use, and prepare the application within the period the Act allows.
The application turns on documented priority rather than on how similar the names feel. Registration certificates, dated use and evidence of confusion do the work; assertion alone does not.
Our Application for Direction to Change Name Services
Grounds Assessment
Assessment of whether the resemblance and prior rights support a direction.
Priority Evidence
Assembly of registration certificates and dated evidence of prior use.
Trade Mark Position
Review of the registered mark, its class and its relationship to the LLP's activity.
Limitation Check
Confirmation that the application falls within the period the Act allows.
Application Drafting
Drafting of the application with the grounds and supporting record.
Filing & Representation
Filing of the application and representation through the hearing stage.
Response Handling
Handling of the reply filed by the LLP whose name is in question.
Compliance Follow-through
Follow-through on the direction until the name change is actually recorded.
Our Application for Direction to Change Name Process
Grounds Tested
We assess resemblance and the strength of the prior right relied on.
Evidence Assembled
Registrations, dated use and any evidence of confusion are collected.
Limitation Confirmed
The application is confirmed to be within the permitted period.
Application Filed
The application is drafted, filed and pursued at hearing.
Direction Enforced
Compliance with the direction is followed through to the record.
Why It Matters
Frequently Asked Questions
An LLP registered under a name too close to yours?
Send us your registration and evidence of use — we'll assess the grounds and the limitation position.
