Filing a Counter-Statement in Trademark Opposition (India)

When someone opposes your trademark application after its publication, the Registry sends you a Notice of Opposition. If you intend to defend your application, it’s essential to respond swiftly with a counter‑statement—this is your formal reply under Indian trademark law.

What’s the Deadline?

You must file your counter‑statement within two months of receiving the notice of opposition. No extensions are allowed—missing the deadline means your pending trademark application will be deemed abandoned.

Required Form & Fee

• Form to Use: File your counter‑statement using Form TM‑O.

• Fees: Pay ₹2,700 per class for which the opposition applies—even if multiple classes are opposed in the same notice.

What Should the Counter-Statement Include?

1. Admission or Refutation

   • For each factual claim in the opposition, clearly state whether you admit it or dispute it.

2. Response to Grounds

   • Respond to each objection or legal ground raised paragraph by paragraph.

3. Verification Clause

   • At the end, include a verification stating which parts are based on your own knowledge and which are based on information believed to be true.

4. Signature & Details

   • Sign the document, and include the date and place of signing.

What Happens Next?

• Once submitted, the Registrar reviews your counter‑statement for formal compliance.

• If accepted, the Registry serves a copy to the opponent—typically within two months of your submission.

• This leads the process into the evidence stage, where both parties exchange supporting documents and submissions.

Missing this deadline isn’t just a delay—it’s outright forfeiture of your trademark application. A well-crafted counter-statement forms the foundation for defending your brand and moves the process forward toward a hearing or resolution.