Counter statements and Notice of Opposition takes place when a third party has opposed the registration of a trademarks after the trademark is advertised in the Trade Marks Journal. As the information is public, anyone can see all the trademarks mentioned in a journal and can file an opposition to a trademark.
The Notice of Opposition is served by the Opponent to the Applicant stating that their trademark is similar and hence the opponent seeks to remove the trademark from the Trademark Register.
Counter Statement is the reply filed by the Applicant to the notice of opposition, here the Applicant is responsible for protecting its trademark.
In the later stage of this, both the parties file evidence to support their claims which further is deduced by the Registrar when the case reaches the hearing stage.
At AKSH IP, with experienced Trademark attorneys, we form strategies to tackle opposition raised by third party in hampering our clients’ trademarks as well as drafting of notice of opposition to restrict the registration if the mark is similar to our client’s. With securing over 500 Trademarks from opposition and quashing more than 700 trademarks likely to infringe our client’s already registered marks, we assist in various stages throughout this legal battle in protecting your Intellectual property.