[City, State, Pin Code]
[Address of the Trademark Registry]
[City, State, Pin Code]
Subject: Trademark Counter Statement
Trademark Application No: [Trademark Application Number]
Applicant: [Your Name]
To the Registrar,
I, [Your Name], the applicant of the above-mentioned trademark application, hereby submit this counter statement in response to the opposition filed by [Opposing Party] under Section [Section Number] of the Trademark Act.
- I hereby acknowledge the receipt of the Notice of Opposition dated [Date] and state that I am duly filing this counter statement within the prescribed time limit.
Details of Opposition:
2. The opposition filed by [Opposing Party] alleges that the proposed trademark [Trademark] is likely to cause confusion and is devoid of distinctiveness. I respectfully disagree with the opposition and provide the following counter arguments:
Distinctiveness of the Trademark:
3. a) The proposed trademark [Trademark] is inherently distinctive and does not directly describe the goods/services for which it is sought to be registered. It is a unique combination of words and possesses inherent distinctiveness.
b) The distinctive visual representation, stylization, and overall design of the trademark further contribute to its distinctiveness and prevent it from being perceived as non-distinctive or generic.
c) I am submitting evidence of prior registration and usage of the trademark in other jurisdictions, where it has been recognized and acknowledged as a distinctive and protectable mark.
No Likelihood of Confusion:
4. a) The opposition claims a likelihood of confusion between the proposed trademark and the existing marks. However, I contend that there is no likelihood of confusion for the following reasons:
b) The proposed trademark [Trademark] is visually and phonetically distinct from the marks cited in the opposition. The overall appearance, stylization, and combination of elements set it apart from any existing marks.
c) The goods/services associated with the proposed trademark are distinct and different from those of the opposing party’s marks, eliminating the likelihood of confusion among consumers.
d) I am submitting a detailed comparison chart highlighting the differences in visual appearance, sound, meaning, and commercial impression between the proposed trademark and the cited marks. This analysis further supports the distinctiveness and non-confusing nature of the proposed mark.
Request for Hearing:
5. I hereby request an opportunity for a hearing to present my case and provide oral arguments and additional evidence, if necessary, to support the registration of the proposed trademark.
6. Based on the above arguments and evidence, I respectfully request the Registrar to dismiss the opposition and proceed with the registration of the trademark.
I am open to any further clarifications or additional information required to address the opposition. Please consider this counter statement and the supporting documents in their entirety during the examination of the trademark application.
Thank you for your attention to this matter. I trust that the Registrar will review the provided arguments and evidence objectively and grant the registration of the trademark.
[Trademark Application Number]