What to do if Trademark is Opposed?

When a trademark is opposed, the applicant is required to respond by filing a counterstatement within two months from the date of receiving the opposition notice. This counterstatement is an essential part of the process, as it provides the applicant with the opportunity to present their case and defend why their trademark should be registered.

In the counterstatement, the applicant should address each of the points raised by the opposing party. It is important to carefully counter the opposition by presenting specific arguments and evidence that support the distinctiveness and legality of the trademark. This can include clarifying how the trademark does not conflict with any existing registered marks, how it is sufficiently distinctive, and how it complies with all legal requirements for registration.

The counterstatement should be concise yet comprehensive, responding directly to the opposition’s claims while also emphasizing the unique aspects of the applicant’s mark. If necessary, the applicant can provide supporting documents, such as proof of use or market recognition, to strengthen their position.

It’s crucial to submit the counterstatement within the given two-month time frame to avoid any delays or the potential abandonment of the application.

Our legal experts are well-equipped to assist you in preparing a strong counterstatement, ensuring that your response is legally sound and that your chances of successful trademark registration are maximized.