December 14, 2022 In Opposition

How to Reply to a Trademark Opposition?

The process of trademark registration involves multiple stages. The applications that qualify the stage of trademark objection are published in the trademark journal for a period of 4 months (which varies from country to country). During this period, any third party can oppose the trademark application if the application mark is similar to any mark already registered or already applied for trademark. The third party can then file a trademark opposition against the applicant. Apart from similarity, trademark opposition can be raised on various different grounds as well.

Trademark Opposition Reply – Counter-Statement

Upon receiving the trademark opposition notice, the trademark applicant has a time limit of 2 months to reply to the trademark opposition notice. The counter-statement filed by the trademark applicant must mention the distinctiveness of the mark. Failing to file the counter-statement within the time limit leads to abandonment of the application.

Evidence From Opposition Party

After filing the counter statement, the opposition party must submit its evidence in the form of an affidavit. The affidavit must present valid reasons in support of the averments or statements made in the opposition notice.

Evidence From Trademark Applicant

Subsequent to evidence filed by the opposition party, the trademark applicant must also submit relevant evidence in support of the trademark application. This has to be done within a span of 2 months.

Hearing by The Registrar

The opposition party is further given a duration of 2 months to respond to the evidence submitted by the trademark applicant. This is followed by a registrar’s notice for hearing both the parties. The registrar reviews all the documents submitted by both the parties. The decision issued by the registrar is considered final and depends on the authenticity of the counter-statements and evidence provided.

Be it filing a trademark opposition or a reply, it has to be flawless and genuine. It is always better to seek assistance of a trademark registration expert in order to ensure smooth flow of the processes.