Counter Statement in Trademark Registration process is the reply to the Opposition raised by the third party on relevant grounds. Counter Statement must be filed by the Applicant to the Trademark Registrar through form TM-O within two months of receipt of Notice of Opposition along with the prescribed fees. Fees shall be subject to the number of classes in a Trademark. For each class a fee of Rupees 2700/- shall be applicable.
The Registrar, upon receiving the Counter Statement, shall mark his observation and review it. Thereafter he shall serve the Counter Statement upon the Opponent within two months from the date of receipt of the Counter Statement from the Applicant. The Opponent is then required to file the Evidence by way of an Affidavit under Rule 45 of theTrademark Act, 1999.
The Applicant is required to file the Counter Statement within a duration of thirty days from the date of recieving the Notice of Objection and failure to do so may lead to the application being “abandoned” by the Registry. Alternatively if the Applicant files the Counter Statement within the prescribed time the Opposition shall proceed to the Evidence Stage, as stated above.
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