PART 2
A counter statement is basically a reply to the notice of opposition, it must be filed by the applicant within two months of receipt of the notice of opposition by way of
Form TM-O along with the prescribe fee , the fee shall be with respect to each class to which the counter is being filed. A copy of the counter statement is provided to the to the opponent which acts as a support to the evidence of case by way of affidavit, then the applicant leads evidence.[1]
BASICS OF PREPARING A COUNTER STATEMENT
- Applicant should read the opposition notice carefully.
- A paragraph wise counter of each ground should be made in the opposition notice.
- Every allegation in the Notice of Opposition shall be replied and opposed accordingly.
- Every statement in support of the Application shall be presented with a proper and valid testament.
- The counter statement should be verified by the opponent or by his authorized agent who verifies of his own knowledge he verifies the information received and believed it to be true.
- The verification must be signed by the person making it and should state the date on which and the place at which it was signed.
- Counter Statement should include all the facts as to how the applicant’s mark is different than that of the Opposition.[2]
Under any circumstances if the applicant fails to file the counter statement with two months of service of the opposition, trademark is considered to have abandoned for non-prosecution. On the other side if the applicant files the counter statement, the opposition will proceed to the evidence stage.
BY
RASHI OSWAL
B.A. L.L.B 3rd Year
DES NAVALMAL FIRODIA LAW COLLEGE, Pune
[1] https://selvams.com/kb/in/trademarks/filing-counter-statement/
[2] https://taxguru.in/corporate-law/counter-reply-opposition-trademark-application.html