What Finology Offers:

Conduct thorough research on the opposer's case
Do a background check of your mark
Drafting and filing of a counter-statement accordingly

What is Trademark Opposition?

When an opposition is filed against a mark that has been advertised or re-advertised in the Trademark Journal, the reply that the applicant must file is called a counterstatement. This is your (applicant’s) chance to establish your case and state why your mark should be registered. In this, you must negate the grounds on which opposition is filed, and if you succeed in doing so with appropriate evidence, the registrar may rule in your favour.   

A counterstatement, according to the Act, needs to be filled within 2 months after getting the notice of opposition. It must be filed along with relevant evidence in support.

Procedure of Trademark Opposition Counterstatement?

  • Notice for the opposition: a notice of opposition can be filed within 4 months from advertisement or re-advertisement of your mark. If any opposition is filed against your mark, the registrar would serve a notice regarding the same on you within 2 months.
  • Counterstatement: upon receiving the notice, you have 2 months’ time to file your counterstatement. If you fail to file it within that period, you lose the right to file it and your application is disposed of as abandoned. You must keep in mind to make the strongest argument you can, and use all relevant evidence in its support because opposition and counterstatement can be the deciding factors in most cases.
  • Hearing: based on the opposition, counterstatement, and evidence, the registrar will call the parties for a hearing. Within 14 days the parties have to notify about their intention to appear in the proceedings.
  • Decision - once the parties have submitted their written statements and/or the hearing has been held, the Registrar decides upon the matter and final verdict is delivered.

Documents Required for filing Counterstatement

Following things are required for filling counterstatement -

  • Diagrams, pictures etc. of the trademark,
  • Picture of product packaging (if any),
  • Evidence to show the use of the mark,
  • Brief history to establish the repute of mark,
  • Any other documents required further.

What do you get?

  • Our empanelled lawyer studies your application,
  • Goes through the opposition filed against you,
  • Conducts necessary research on opposite party's mark/claim,
  • Drafts and files an appropriate reply with your consent.

This service involves drafting and filing of opposition counterstatement online only, it does not include inb person hearing before the concerned Trademark Office.

Advantages of Choosing Finology

Quick & Efficient

Utmost attention given to details. Ready to use templates. Saves time. Minimizes costs.

Convenient & Transparent

Access to requisite information at any time of the day. Just a click away.

End-to-End hand-holding

Client communication at the core. Professional and efficient handling of client's information because a happy client is the best referrer.