Trademark Opposition & Counter-Statement
Defending Your Trademark from Third-Party Challenges
What It Means
Once a trademark is accepted and published in the Trademark Journal, any third party may oppose its registration. A counter-statement is your formal reply to such opposition.
Governing Framework
- Trade Marks Act, 1999 (Sections 21 to 23)
- Trademark Rules, 2017 (Rules 42 to 50)
Process
- Opposition filed by third party within 4 months of journal publication
- Registry issues notice to applicant
- Filing of counter-statement within 2 months
- Evidence submission and reply by both parties
- Hearing before Opposition Board
- Final decision: approval or rejection
Key Benefits
- Protects your mark against third-party claims
- Allows you to prove distinctiveness or prior use
- Ensures legal recognition and public goodwill
Ideal For
- Brands facing competitive or similar marks
- Businesses with unique market positioning
- Startups whose mark is challenged post-publication
Basic Requirements
- Copy of opposition notice
- Evidence of use, goodwill, and legal ownership
- Counter-statement form and annexures
How LTC Can help
- Prepares counter-statement with legal arguments
- Collects and compiles evidence
- Represents during opposition hearing
- Coordinates with Trademark Registry and tracks case progress