Trademark Counterstatement Filing
File Today At ₹7,000 (Government Fees Included)
- Best Trademark Services In India
- Online, Quick And Hassle Free Process
- Trademark Counterstatement Filing Within 24-48 Hours
- Free Professional Consultancy
- Trademark Counterstatement Filing By Experts
- Decade Of Experience In Trademark Services
Why Choose Us
In the world of intellectual property, trademarks are like the foundation of your brand identity. But, when you’re trying to secure and protect your brand, you might run into challenges, and one of them is dealing with trademark opposition. To safeguard your brand from potential threats, you’ll need to submit something called a “Trademark Opposition Counterstatement.”
At My Trademark Guide, we understand the significance of safeguarding your interest in today’s competitive business landscape. As a leading provider of Trademark services, we take pride in offering comprehensive and seamless solutions to protect your rights. Here’s why choosing us is the smart and strategic decision for your Trademark service needs in India:
Expertise and Experience
Comprehensive Guidance
Cost-Effective Solutions
Timely Execution
What is Trademark Counterstatement?
A Trademark Counterstatement is a legal response to a trademark opposition. When another entity raises concerns about your trademark application, alleging possible conflicts with their existing trademarks, you have the right to defend your brand. The counterstatement is your formal response presenting arguments and evidence supporting the legitimacy of your trademark registration.
When a notice of opposition is received by the applicant, the counterstatement is required to be filed within 60 days of receipt of the communication from the department.
Documents Required For Filing Counterstatement
For Filing a Trademark Counterstatement on your behalf, we require the following from you:
Authorization Letter
Our team will share the format of the authorization letter. This authorization letter is necessary so we can file the counterstatement on your behalf.
Proofs of Use
If you are already using the mark, we will require proofs of use of the mark like invoices, advertisement expenses, turnover proofs, etc.
Statement on Impact
A statement explaining how the opposition will impact your rights. This is necessary as it would help us to draft the opposition letter on your behalf.
My Trademark Guide is your reliable partner in the trademark opposition process. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the opposition process. Safeguard your rights today by choosing us!
Qualities Of Good Counterstatement
Think of a strong counterstatement as your protective shield when facing opposition. Here’s what to keep in mind when creating one:
- Facts First: If the notice of opposition mentions any facts, admit them if they’re true. If anything false is mentioned in the opposition letter then deny it.
- Back it up with Evidence: Support your counterstatement with real evidence Show how unique your trademark is, talk about its history in the market and give examples of similar trademarks coexisting peacefully.
- Address Each Issue: Go through each point raised in the opposition letter and respond to them one by one. Give a clear response to each paragraph mentioned in the opposition letter.
- Signature Matters: A counterstatement should be signed by the applicant or its attorney.
This way, your counterstatement becomes a strong defense, backed by facts and well-structured arguments.
Drafting and filing a trademark counterstatement without technical knowledge can be challenging and may reduce the chances of presenting a strong case. My Trademark Guide makes the trademark counterstatement filing easier. Contact us today to simplify the process and file counterstatement.
Trademark Counterstatement Filing Process
After the Trademark is Accepted it is published in the weekly Journal available on the ipindia.gov.in. After the publication of the details of the Trademark in the journal, it is open to opposition from any third party. After publication, the Trademark is kept on hold for 4 months so that any party that would be aggrieved by the registration of the Trademark can give notice to registrar to stop the registration process.
Following steps shall be noted for filing a counterstatement:
- Analysis of Opposition Letter: Once the opposition letter is received by the applicant, the first step is to carefully read the entire opposition letter. Having a full understanding of the ground of oppositions is necessary to reply to the opposition letter.
- Drafting the Counterstatement: Write a strong reply to the opposition letter with all the reasons against the ground mentioned. This reply is crucial, as it’s the first impression, and a powerful one might make some opponent reconsider.
- Sending the Notice: Send the counterstatement to the opponent. This isn’t done directly; instead, file Form TM-O with the Trademark Registrar along with the statement of counterstatement. The Registrar will then formally notify the opponent about the counterstatement filed.
- Further Submissions: After the applicant’s counterstatement, the opponent needs to reply. It’s a back-and-forth process.
- Applicant’s Reply: The applicant can provide evidence voluntarily to support their case during the opposition hearings.
- Hearing: Once both parties have submitted their arguments, the Trademark department schedules a hearing. This gives both sides a chance to present their case to the Registrar, who will then make the final decision.
Role Of Trademarks Office
The Trademarks Office plays a crucial role in the entire opposition process. Once they get the notice of opposition and counter-statements, the Registrar looks at the evidence and arguments from both sides. If needed, they might schedule a hearing for the parties to explain their case in person.
Here are possible outcomes of a trademark opposition:
- Withdrawal: The parties might settle, and as a result, the opposition is withdrawn.
- Decision in Favor of the Applicant: If the Registrar doesn’t find valid reasons for opposition, the trademark application continues toward registration.
- Decision in Favor of the Opponent: If the opposition is successful, the trademark application might be rejected or limited in some way.
Difference Between Trademark Objection And Opposition
There is often confusion between the terms “objection” and “opposition” in the context of trademarks. Although these terms are sometimes used interchangeably, they carry distinct meanings. An “objection” refers to concerns raised by the Trademark Examiner regarding the application filed for registration. On the other hand, a “trademark opposition” occurs when a third party challenges the validity and registration of the trademark.
How We Work
Contact Us
Trademark Counterstatement Filing
Department Action
Frequently Asked Questions (FAQs)
A trademark is a unique symbol, logo, name, or any combination thereof, used to distinguish goods or services of one business from another. It helps in building brand identity and protecting intellectual property.
Trademark opposition is a legal tool that lets others voice concerns about a new trademark getting registered. This is done to make sure only unique and non-confusing trademarks get the green light for protection. It’s a way to look out for both current trademark owners and the public.
A Trademark Counterstatement is a legal response to a trademark opposition. When another entity raises concerns about your trademark application, alleging possible conflicts with their existing trademarks, you have the right to defend your brand. The counterstatement is your formal response presenting arguments and evidence supporting the legitimacy of your trademark registration.
Once the Counterstatement is submitted, the trademark department sends an official notice to the opponent regarding receipt of the counterstatement. This is called notice of Counterstatement.
A Trademark Counterstatement must be filed within 60 days of receipt of the notice of opposition.
A Trademark Counterstatement is filed in Form TM-O with the trademark department.
No, after submitting the counterstatement the opposition has an option to take the proceedings till hearing.
No, the applicant can also file the evidences at later stages in an opposition proceeding.