Trademark Opposition Counter-Statement

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.

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:

1. If the trademark is similar or identical to an earlier or existing registered trademark
2. If the mark is devoid of distinctive character
3. If the mark is descriptive in nature
4. If the application for the trademark is made with bad faith
5. If the mark is customary in the current language or the established practices of business
6. If the trademark is likely to deceive the public or cause confusion
7. If the mark is contrary to the law or is prevented by law
8. If the trademark is prohibited under the Emblem and Names Act, 1950
9. If the mark contains matters that are likely to hurt religious feelings of any class or section of people

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.