A Trademark Opposition Counter Statement is a crucial legal document filed in response to a trademark opposition raised by a third party. When an opposition is filed against a trademark application, the applicant must defend their claim by submitting a counter statement within two months from the date of receiving the opposition notice. Failure to file a counter statement within the stipulated time results in the abandonment of the trademark application, leading to the loss of legal rights over the mark.

The counter statement should clearly address the grounds of opposition and provide legal arguments supporting the registration of the disputed trademark. It must refute the claims made by the opposing party, demonstrating that the trademark is distinctive, non-deceptive, and not similar to any existing registered mark. Additionally, if the applicant has been using the mark in commerce, providing evidence of prior usage, goodwill, and market presence can strengthen the response.

A well-drafted counter statement should be precise, legally sound, and supported by relevant case laws and trademark regulations. It should effectively challenge the opposition and establish the applicant’s exclusive right to use the mark. The Registrar of Trademarks will review both the opposition and the counter statement before proceeding with the next stages, such as evidence submission and hearings.

Since trademark opposition proceedings involve complex legal arguments, seeking professional assistance from a trademark expert or legal consultant can significantly improve the chances of successfully defending the trademark application. By filing a strong and timely counter statement, applicants can protect their brand identity and ensure that their trademark rights are not unfairly challenged.