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Frequently Asked Questions about Trademark Counter Statement in India

1. What is a trademark counter statement?
– A trademark counter statement is a legal document filed in response to a notice of opposition against a trademark application in India.
– It is filed by the applicant to present their arguments and evidence against the opposition, defending their right to register the trademark.

2. When is a trademark counter statement required?
– A trademark counter statement is required when a notice of opposition is received within four months of the publication of the trademark application in the Trademark Journal.
– It is important to file the counter statement within 30 days from the date of receiving the notice of opposition to avoid abandonment of the trademark application.

3. What should be included in a trademark counter statement?
– The counter statement must include a copy of the notice of opposition and the details of the opposing party.
– It should clearly state the grounds on which the trademark is being opposed, and provide a point-by-point response to each ground of opposition.
– Supporting evidence, such as documents, affidavits, or expert opinions, can also be attached to strengthen the counter statement.

4. Who can file a trademark counter statement?
– Only the applicant or their authorized representative can file a trademark counter statement.
– It is advisable to seek the assistance of a trademark attorney or agent who is well-versed in trademark law and procedures to ensure a strong counter statement.

5. What happens after filing a trademark counter statement?
– After the counter statement is filed, the Intellectual Property Office will serve a copy to the opposing party.
– The matter will then proceed to the Trademark Opposition Board for adjudication.
– The opposing party will have an opportunity to file a reply to the counter statement, followed by hearings, evidence examination, and final decision by the Trademark Opposition Board.

6. Can the trademark application still be rejected after filing a counter statement?
– Yes, even after filing a counter statement, there is a possibility that the Trademark Opposition Board may reject the trademark application.
– It is crucial to present strong arguments and evidence in the counter statement, backed by solid legal grounds, to maximize the chances of successfully overcoming the opposition.

7. What happens if the counter statement is successful?
– If the Trademark Opposition Board finds the counter statement convincing and upholds the applicant's right to register the trademark, the trademark application will proceed to registration.
– The opposing party may have the option to file an appeal against the decision of the Trademark Opposition Board.

In conclusion, a trademark counter statement is a crucial step in defending a trademark application against opposition in India. By understanding the process and requirements, applicants can effectively respond to opposition, increasing the likelihood of successful registration. Seeking professional guidance is recommended to navigate this complex legal procedure. 

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