Defend Your Trademark with a Strong Opposition Counter Statement

At Legomark India, we understand that the trademark registration process may face challenges from third parties who claim potential infringement of their existing rights. If you’ve received a trademark opposition notice, our expert team is ready to help you file a strong Trademark Opposition Counter Statement and safeguard your brand.

What is a Trademark Opposition?

A trademark opposition occurs when a third party (often a competitor or an existing trademark owner) believes that your trademark should not be registered. This happens after your trademark is published in the official gazette and is open for objections.

Common Reasons for Trademark Opposition:

• Similarity to an Existing Trademark – The opposing party may claim that your trademark is confusingly similar to theirs.

• Descriptive or Generic Nature – If the opponent believes your trademark lacks uniqueness or distinctiveness.

• Likelihood of Consumer Confusion – The opponent argues that your trademark might mislead consumers.

• Prior Use – If the opponent has been using the same or similar trademark before your application was filed.

If you receive a trademark opposition notice, you must respond within 2 months, or your application will be rejected.

How Legomark India Helps You File a Trademark Opposition Counter Statement

Our team at Legomark India follows a well-structured process to draft and submit an effective trademark opposition counter statement:

Step-by-Step Process:

1. Review of Opposition Notice:

   • We analyze the grounds for opposition and evaluate the opponent’s claims.

2. Preparation of a Strong Counter Statement:

   • We craft a detailed and legally sound counter statement that effectively refutes the opposition.

3. Filing the Counter Statement:

   • We submit the counter statement within the stipulated time to ensure a seamless process.

4. Submission of Supporting Evidence (if needed):

   • We provide additional documents proving your trademark’s distinctiveness and usage.

5. Representation in Hearings (if required):

   • If the opposition progresses to a hearing, we represent your case before the trademark office.

6. Final Decision:

   • If successful, your trademark proceeds to registration; otherwise, further legal actions may be explored.

Documents Required for Filing a Trademark Opposition Counter Statement

To file a legally sound counter statement, we require the following documents:

1. Trademark Opposition Notice:

   • A copy of the opposition notice issued by the trademark office.

2. Trademark Application Details:

   • Application number, trademark design/logo, filing date, and associated goods/services.

3. Details of the Opponent (if applicable):

   • Information about the opposing party, including their trademark registration details.

4. Proof of Use (if applicable):

   • Evidence such as advertisements, invoices, and packaging materials proving your trademark’s usage.

5. Supporting Evidence:

   • Market recognition, consumer feedback, and legal documents supporting your trademark’s distinctiveness.

6. Authorization of Agent (if applicable):

   • A signed Power of Attorney if we are filing on your behalf.

7. Legal Arguments & Justifications:

   • Documents that counter the opponent’s claims and justify your trademark’s registration.

Why Choose Legomark India for Trademark Opposition Counter Statements?

Expert Trademark Lawyers – Our team specializes in trademark laws and intellectual property rights.

Customized Defense Strategies – We analyze each case individually and develop tailored counter statements.

Timely Submission – We ensure that your counter statement is filed within the deadline, preventing rejection.

Affordable Pricing – Transparent and cost-effective legal services with no hidden charges.

Comprehensive Legal Support – From documentation to hearings, we handle every step of the process.

Don’t Let Trademark Opposition Stop Your Brand!

If your trademark has been opposed, don’t delay! Contact Legomark India today for a free consultation and let our experts help you defend your trademark effectively.