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Counter-Statement/Reply to Trademark opposition means that a third party has raised opposition against the trademark you are trying to register. Now you have to respond to the registrar with a pointwise reply in support of your trademark's authenticity.
Any person could raise a Trademark Opposition after publishing in the Trademark Journal for various reasons. The reason possibly could be regarding proprietorship of the Trademark, pre-existence of the Trademark, being descriptive in nature, or could be anything specified under the Trade Marks Act of 1999. Replying or Counter-Statement for Trademark Opposition is must in case someone opposed the trademark published in the Newspaper Journal.
But before moving to the procedure of replying trademark opposition, a prior understanding of the grounds, eligibility and documents required for replying trademark opposition is helpful.
Trademark Oppostion [Sample]
Some of you might think, how getting opposed or opposing something is beneficial for you. How could this process of publication in Trademark Journal for registration benefit us? Let us answer your queries about this.
Anyone can file opposition against a trademark, but they should know the grounds on which trademark opposition can be raised. There are several grounds on which trademark Opposition can be filed:
It is advisable to seek help of legal experts for drafting and filing Counter-statement for Trademark Opposition. Our legal experts at Professional Utilities can help you with reply to Trademark Opposition.
Filing a counter-statement means that someone has already raised opposition against the trademark, and now you have to reply to them legally. The registrar had sent you the notice of trademark opposition.
After the completion of the evidence phase, a hearing is conducted and both the parties (applicant for trademark and opposing individual/company) are notified at least one month prior to the hearing. The decision for accepting or rejecting a trademark is to be made by the Registrar only.
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