What is a Counter Statement?

The Counter statement contains pointwise reply of the Notice of opposition. It is required to be filed before the Registrar. Post reviewing the same, the Registrar forwards the Counter statement to the Opponent.

What is a Notice of Opposition?

The Notice of Opposition contains the grounds of opposition against which the opponent opposes a Trademark from getting it registered. The Notice of Opposition along with prescribed fees is sent to the TM Department in the first instance. The TM department verifies the same and forwards the Notice of Opposition to the applicant.

Who can file a Notice of opposition?

Any person can file opposition against the advertised trademark before its registration. It is interesting to note that a person objecting need not necessarily be an owner of an applied or registered trademark. Such a person can be a commoner and can file an opposition for the interest of the public at large.

What is a Trademark Opposition?

After the acceptance and Advertisement of the Trademark by the Trademark department, a fair chance is given to the public at large to oppose such Trademark within 4 months from the date of such advertisement. In common parlance, the objection raised by a third party against the future registration of a Trademark by the department is called “Opposition”.