Filing Counter Statement in Trademark Services in India
Received a Trademark Opposition? Don’t panic. Our experts help you file a strong Counter Statement to defend your trademark and protect your brand rights.
What is a Counter Statement in Trademark?
A Counter Statement is a legal reply filed by the applicant against a Trademark Opposition raised by a third party. It is a mandatory step to continue the trademark registration process after opposition.
Failure to file a Counter Statement within the prescribed time leads to abandonment of the trademark application.
Legal Framework & Governing Laws in India
Trademark Counter Statement filing is governed by:
1. Trade Marks Act, 1999
- Section 21(1): Filing of Notice of Opposition
- Section 21(2): Filing of Counter Statement by Applicant
- Section 21(3): Service of Counter Statement to Opponent
- Section 21(4): Evidence submission process
2. Trade Marks Rules, 2017
- Rule 42: Filing of Counter Statement (Form TM-O)
- Rule 43: Evidence in support of Opposition
- Rule 44: Evidence in support of Application
- Rule 45: Evidence in Reply
- Rule 50: Hearing & Decision
Time Limit for Filing Counter Statement
- Must be filed within 2 months from the date of receipt of Opposition Notice
- No extension is allowed
- Failure results in automatic abandonment of application
When is Counter Statement Required?
- When a third party files opposition to your trademark
- When your mark is published in Trademark Journal
- When objections escalate into formal opposition proceedings
Our Expert Approach
We ensure strong defense and high success probability:
- Detailed Review of Opposition Grounds
- Legal Drafting with Case Laws & Arguments
- Preparing Supporting Documents & Evidence
- Filing Counter Statement (Form TM-O)
- Coordination for Evidence Stage
- Hearing Representation Support
Documents Required
- Trademark Application Details
- Copy of Opposition Notice
- Applicant ID & Address Proof
- Trademark Usage Proof (Invoices, Ads, Website, etc.)
- Authorization (POA if applicable)
Importance of Filing Counter Statement
- Protects your trademark rights
- Prevents application abandonment
- Strengthens legal position
- Ensures continuation of registration process
Our Counter Statement Filing Packages
| Package | Basic Plan | Standard Plan | Premium Plan ⭐ Most Recommended |
|---|---|---|---|
| Suitable For | Simple Opposition | Moderate Cases | Complex / High-Stake Cases |
| Opposition Analysis | ✔️ | ✔️ | ✔️ |
| Counter Statement Drafting | Basic Draft | Detailed Legal Draft | Advanced Legal Draft with Case Laws |
| Document Support | ❌ | ✔️ | ✔️ |
| Filing (Form TM-O) | ✔️ | ✔️ | ✔️ |
| Evidence Strategy | ❌ | ✔️ | ✔️ |
| Hearing Support | ❌ | Optional | ✔️ Included |
| Dedicated Expert | ❌ | ❌ | ✔️ |
| Priority Handling | ❌ | ❌ | ✔️ |
| Turnaround Time | 3–5 Days | 2–4 Days | 1–2 Days |
| Pricing | ₹2,999 | ₹4,999 | ₹7,999 |
Why Choose AUS Accounting & Business Solutions?
- Experienced Trademark & Legal Experts
- Strong Drafting with Legal Justification
- End-to-End Opposition Handling
- Transparent & Affordable Pricing
- PAN India Services
Additional Trademark Services
- Trademark Registration
- Examination Report Reply
- Trademark Opposition Handling
- Trademark Renewal
- Brand Protection Advisory
Get Expert Help Today
Don’t lose your trademark rights—defend your brand with professionals.
📞 Call/WhatsApp: +91-9990976958
🌐 Visit: www.austax.in
