The course to a successful Trademark Registration is a vital path for any business but it can at times face hurdles like a Trademark Opposition. Your primary tool for protecting your brand's identity at this stage is the counter statement. Therefore, it's important to understand its role in the protection of your intellectual property.

Counter Statement in Trademark Opposition

When a third party opposes a Trademark Registration application, the applicant must respond in order to defend their position. This response known as counter-statement, is a carefully drafted legal document which addresses the bases of the Trademark Opposition. It's the applicant's official response to the application where they present their arguments and evidence as to why their trademark is valid and should be registered. It is part of the process of Trademark Registration.

What is a Counter Statement?

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A Counter Statement is a rebuttal that responds point by point to a notice of opposition. When a third party initiates a Trademark Opposition, they must specify the basis for their claims of why your mark should not be registered. Your response must carefully address and rebut each of these claims individually.

This document aims to do two things: first, refute the other side’s claims, and second, to reaffirm the grounds for Trademark Registration. It has to be filed in the Trademark Registry using Form TM-O. A solid counter statement backed by evidence is essential to overcoming a trademark opposition and allowing your trademark registration application to progress forward. It serves as the backbone of your defense in any trademark opposition type of proceeding.

Timeline to File Reply

The counter-statement timeline is strict and non-extendable. An applicant is required to submit their counter statement within a two-month period from the date they receive the Notice of Opposition from the Registry.

An important change under the Trademark Rules, 2017, is the removal of any provision for extending this time period. If an applicant does not file the counter statement within this period of two months, then the trademark application shall be treated as abandoned. Thus, it is critical to act timely to avoid an automatic dismissal of your Trademark Registration (TR) Application as a result of a Trademark Opposition (TO) that you have failed to respond. This is a key step in your successful Trademark Registration process.

Lawfinity’s Drafting Support

Writing a strong counter statement is a specialist exercise, and it requires legal expertise together with an understanding of strategic issues. It is more than just a disclaimer; it requires a deep familiarity with trademark law and the submission of compelling legal arguments. This is why Support from Lawfinity’s experts can make all the difference for your Trademark Registration

At Lawfinity, our team of experienced IP lawyers specializes in handling the Trademark Opposition matters. We help you prepare a strong and persuasive counter statement addressing each claim. We make sure your response is not only legally sound but also positioned to strengthen your application for Trademark Registration. From reviewing the notice of Trademark Opposition to gathering supporting evidence, and filing the final documents, Lawfinity provides complete protection for your brand and secure your Trademark Registration.