Counter Statement: Within 2 months of the receipt of the notice of opposition, the Applicant can file a counter statement. If the Counter Statement is not filed within 2 months, the Applicant is deemed to have abandoned the Trademark application.
How do you write a counter statement for a trademark application?
Stage 1 – Filing a Notice of Opposition/Filing a Counter-Statement : Any person wanting to oppose a mark can do so by filing a Notice of Opposition on the prescribed form along with the prescribed fee within four (4) months of advertisement of the mark.
How do you file a counter statement in a trademark opposition?
A counter statement or reply to the notice of opposition must be filed by the applicant within two months of receipt of the notice of opposition by way of Form TM-O along with the prescribe fee of INR 2700.
Can a trademark be opposed after registration?
Opposition of a Trademark: A ‘Trademark opposition’ means an objection filed by third parties, against registration of a trademark within 4 months of the advertisement of the trademark to be opposed. Any person, natural or legal, may file an opposition with the Registry.
What happens if trademark is opposed?
If a trademark opposition is successful, the registration of the trademark will be refused. If the trademark opposition application is rejected, the brand will be registered.
What if my trademark is opposed?
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
What is the maximum time limit within which a counter statement in response to a rectification petition at the Trade Marks Registry be filed?
# Counter Statement: Rule 44of The Trademark Rules, 2017, states that after the filing of the notice of opposition, the Applicant for the registration of subject mark, can file a counter statement, in Form TM-O, within 2 months (not extendable) of the receipt of the notice of opposition.
How many counterexamples are needed to prove that a statement is false?
one counterexample
A counterexample is used to prove a statement to be false. So to prove a statement to be false, only one counterexample is sufficient.
What are counterexample used for?
In mathematics, counterexamples are often used to prove the boundaries of possible theorems. By using counterexamples to show that certain conjectures are false, mathematical researchers can then avoid going down blind alleys and learn to modify conjectures to produce provable theorems.
When to file a counter-statement to a trademark opposition?
Counter Statement or Reply to Trademark Opposition: A counter-statement or reply to the opposition must be filed within two months. There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
How long do I have to file a counter-statement?
There is no extension to file a counter-statement which means that if the Trademark Applicant fails to file a counter-statement within two months of receiving the notice, the mark shall be deemed abandoned.
What happens if a trademark application is abandoned for non-prosecution?
The provision of filing an extension to file a counterstatement has been done away with. Accordingly, if the applicant fails to file its counter statement with two months of service of the opposition, its trademark is deemed to have been abandoned for non-prosecution.
How is a counter-statement served on the opponent?
The counter- statement is first sent to the Registry for review and if all the formalities are met, the Registry will then serve the counter-statement on the Opponent. Who can Oppose the Trademark?
