Trademark Counter Statement / Opposition Defense

  • Evidence-Based Defense
  • Smooth Registration Process
  • Strong Legal Drafting
  • Professional Representation
  • Protect Your Brand Identity
  • File Within 2 Months
  • Higher Success Chances
  • End-to-End Assistance

Register Now






Support Languages: English | ಕನ್ನಡ | हिंदी | தமிழ் | മലയാളം | తెలుగు

Helpline: 9606277677
Documents RequiredCounter Statement / Opposition Defense ProcessFAQsTagsRegistrationsArticles
Trademark Counter Statement / Opposition Defense

Trademark Counter Statement / Opposition Defense

When a trademark application faces opposition, the applicant must file a counter statement within two months to defend their rights. This reply addresses the opponent’s claims, provides legal arguments, and includes evidence of prior use or distinctiveness. Filing a timely and well-drafted counter statement prevents abandonment of the application and keeps it active in the registration process. Professional support ensures stronger defense, better representation in hearings, and higher chances of securing trademark approval.

Documents Required

  • Copy of the opposition notice.
  • Trademark application details.
  • Power of Attorney (if represented by an attorney/consultant).
  • Evidence of prior use: invoices, marketing materials, website details, packaging, etc.
  • Applicant’s identity and business details.

Counter Statement / Opposition Defense Process

  • Receipt of Opposition Notice

    When an opposition is filed, the Trademark Registry sends a copy of the notice to the applicant.

  • Drafting of Counter Statement

    Our experts prepare a detailed counter statement addressing each allegation raised by the opponent. Legal arguments and factual clarifications are included.

  • Filing of Counter Statement

    The counter statement is filed online within 2 months using Form TM-O. Delay or failure to file leads to abandonment.

  • Evidence Submission

    Both parties (opponent and applicant) are required to submit supporting evidence such as invoices, advertisements, packaging, and promotional material.

  • Hearing & Representation

    If required, a hearing is scheduled before the Registrar of Trademarks where both sides argue their case. Our legal team provides full representation to defend your application.

  • Final Decision

    Based on the submissions and hearing, the Registrar either dismisses the opposition and accepts the application or upholds the opposition and refuses registration.

Trademark Counter Statement / Opposition Defense FAQs

What is the cost of filing a counter statement?

The government filing fee is nominal, but professional drafting and representation services may cost between ₹3,500 – ₹7,500 for filing, with additional charges for evidence and hearings.

Can I appeal if my defense is unsuccessful?

Yes. If the Registrar upholds the opposition, you can appeal before the Intellectual Property Appellate Board (IPAB) or approach courts.

Can a case be settled outside the Registry?

Yes. The parties may mutually agree to withdraw the opposition or settle the dispute outside the Registry.

What happens if the opponent fails to provide evidence?

If the opponent does not file evidence, the Registrar may dismiss the opposition and allow your application to proceed.

How long does the opposition defense process take?

The entire process, including counter statement, evidence submission, and hearings, may take 12–24 months depending on case complexity.

Can unregistered trademarks be defended in opposition cases?

Yes. Even unregistered marks can be defended if you can prove prior use, goodwill, and recognition in the market.

Will there be a hearing in every opposition case?

Not always. Hearings are only scheduled if written replies and evidence are insufficient to decide the matter.

Do I need professional help for opposition defense?

While you can file yourself, professional assistance ensures strong legal drafting, better arguments, and a higher chance of success.

What if I miss the deadline for filing?

If the counter statement is not filed within the deadline, your application will be considered abandoned, and the trademark will not proceed.

What documents are required for filing?

You will need a copy of the opposition notice, trademark application details, proof of prior use (invoices, ads, packaging, etc.), and a Power of Attorney if represented by an attorney.

What happens after filing a counter statement?

The case proceeds to the evidence stage, where both parties submit documents. If necessary, hearings are scheduled before the Registrar.

How is a counter statement filed?

It is filed online through the Trademark Registry portal using Form TM-O with complete details, legal drafting, and supporting documents.

What is the deadline for filing a counter statement?

The deadline is 2 months from the date of receiving the opposition notice from the Trademark Registry.

Why is filing a counter statement important?

Without a counter statement, your application will be marked as abandoned, and you lose the chance to register your trademark.

What is a trademark counter statement?

A counter statement is the official reply filed by the applicant when their trademark faces opposition. It must be filed within two months of receiving the opposition notice.

Register Now






Tags Cloud

Trademark Counter StatementTrademark Opposition DefenseTrademark Registration Defense

TESTIMONIALS

WhatsApp
+91 9645850158
PhoneNumber
+91 9645850158
To The Top