What is a counter statement in trademark registration? The registrar has an obligation to make the trademark registration application publicly visible through advertising following its approval. For a total of four months, the application is available to the public. If someone has a problem with the trademark within the allotted time, they can apply for an opposition to the registrar. The person’s opposition is subsequently forwarded by the registrar to the trademark applicant, or defendant. Two months are given to the defendant to respond to such opposition. The counterstatement is the applicant’s (defendant’s) response to the opposition that was expressed. What is the purpose of a counterstatement? The counterstatement is the response that the trademark applicant (defendant) files in response to the person who has expressed opposition to the defendant’s trademark registration. Rebutting the opponent’s accusations, claims, and other arguments against the trademark registration is the primary goal of counterstatement. What are the grounds of defense in Trademark infringement? Several defenses against trademark infringement include the following:
The accused must demonstrate that he has the trademark owner’s permission to use it.
The burden of proof for the accused is to demonstrate that he has been using the trademark for a longer time than the party who registered it in his name.
If the trademark’s owner has not used it in a very lengthy period.
If the accused party is using the trademark and the owner is aware of this, but for an extended period of time, they do not object.
The accused should prove that the two trademarks are dissimilar.
What are the essentials of a counter-statement?
A counterstatement ought to be comprehensive, thoroughly addressing every assertion or query posed by the other party in the opposition application.
First and foremost, the counterstatement should include all relevant information regarding the registration of a trademark, such as the trademark’s origin (including any historical background of the original idea), Products and services, the kind of enterprise the trademark would be utilized for if it were registered, the case’s factual background, the accusations made in the opposition application, etc.
Subsequently, the defendant’s case should be amply stated and bolstered by any available proof. What kind of relief is the defendant requesting from the opponent after that?
Finally, the applicant (defendant) shall attest to the counterstatement by declaring that the information in the document is accurate to the best of his knowledge. An officially designated representative of the defendant may perform the verification. In such a situation, the POA (Power of Attorney) in favor of said agent ought to be included with the counterstatement.
The defendant’s address, ID, and trademark application number are among the other details that must be included in the counterstatement.
Legal Remedies against infringement of trademark
Both civil and criminal remedies are available to stop trademark infringement under the Trademark Act of 1999.
A person may pursue damages, accounts of profits, and temporary or permanent injunctions under civil remedies.
The plaintiff must report a crime to the police by filing a FIR. Under criminal remedy, the penalty consists of a fine that can be anywhere from Rs. 50,000 to Rs. 2 lakhs, or imprisonment for a term ranging from six months to two years.
Grounds for which criminal action could be taken:
What is the process for trademark opposition?
Following is the process for trademark opposition:
Analyzing Trademark Opposition in India Counter Statements: This article explores the different methods in which trademark opponents in India might be examined and evaluates their intricate legal environment. It offers a thorough analysis of the possible advantages and disadvantages of trademarking as well as the legal ramifications of doing so.
