Meaning of Counter Statement

• A counter statement is the official response filed by the applicant of a trademark against a filed opposition.
  
• It addresses the claims and grounds raised by the opponent in the Notice of Opposition.
  
• It is a mandatory step in the opposition proceedings under the Trade Marks Act, 1999.
  
• The purpose is to defend the application and justify the mark’s eligibility for registration.
  

Legal Requirement and Deadline

• The counter statement must be filed within two months from the date of receiving the Notice of Opposition.
  
• It must be submitted using Form TM-O through the Trade Marks Registry portal or office.
  
• If not filed within the prescribed time, the application is considered abandoned.
  
• No extension of time is permitted for this step.
  

Contents of a Counter Statement

• A point-wise reply to each allegation made in the Notice of Opposition.
  
• A clear denial or rebuttal of the grounds cited by the opponent.
  
• Factual and legal justifications for why the mark should be registered.
  
• Basic details such as the applicant’s name, application number, and trademark class.
  

Supporting Documentation

• While not mandatory at this stage, supporting documents may be briefly referenced.
  
• Evidence in support of the application is submitted later in the proceedings.
  
• Any incorrect claims made by the opponent can be highlighted with available proof.
  
• Statements should be concise, factual, and legally sound.
  

Next Steps After Filing

• The counter statement is served to the opponent by the Registrar.
  
• This initiates the evidence stage where both parties submit documents.
  
• It is followed by hearings and final adjudication by the Trade Marks Registry.
  
• A well-prepared counter statement strengthens the applicant’s position in the opposition process.