Understanding Trademark Counter Statement Filing:
Procedure and Costs
In the dynamic world of business, trademarks play a pivotal role in distinguishing one’s brand from the competition. They are symbols of trust, quality, and identity. However, there are times when your trademark might face a challenge, and this is where the Trademark Counter Statement comes into play. In this comprehensive guide, we will delve into the procedure of filing a Counter Statement under the Indian Trademark Act of 1999, as well as the applicable government fees.
What is a Trademark Counter Statement?
Before we delve into the filing process, let’s understand the concept of a Trademark Counter Statement. A Trademark Counter Statement is a legal response filed by the owner of a registered trademark when someone else raises objections or opposition against their trademark registration. This objection might be on various grounds, such as similarity to an existing trademark or lacking distinctiveness.
A Counter Statement is essentially a defensive move that allows the trademark owner to protect their intellectual property rights and assert their claim to the trademark in question.
Procedure for Filing a Trademark Counter Statement
Filing a Trademark Counter Statement involves a series of steps that must be followed diligently. Here’s a step-by-step guide to help you navigate through the process:
1. Understanding the Notice of Opposition:
- When an opposing party challenges your trademark registration, they will file a Notice of Opposition with the Trademarks Registry. This notice will be served to you as the trademark owner.
2. Consulting with Legal Counsel:
- It is highly advisable to seek legal counsel or engage a trademark attorney at this stage. They can help you evaluate the grounds of opposition and formulate an appropriate response.
3. Drafting the Counter Statement:
- With the guidance of your attorney, you’ll need to draft a Counter Statement. This document should provide a detailed response to the grounds of opposition raised by the opposing party.
4. Filing the Counter Statement:
- The Counter Statement must be filed within two months of receiving the Notice of Opposition. It should be submitted to the Trademarks Registry along with the prescribed fees.
5. Payment of Fees:
- As mentioned earlier, GOVT. fee is required for filing a Counter Statement. The exact fee structure can vary and is subject to change over time.
6. Review and Proceedings:
- After the Counter Statement is filed, the Trademarks Registry will review the documents from both parties. They will consider the arguments and evidence presented and may schedule a hearing if necessary.
7. Resolution:
- Depending on the outcome of the review and any subsequent hearings, the Trademarks Registry will make a decision. If your Counter Statement is successful, your trademark registration will continue. If not, your registration may be canceled or modified.
Applicable Government Fees for Filing Trademark Counter Statement
The government fees for filing a Trademark Counter Statement are subject to change and can vary depending on several factors, including the nature of the opposition and the complexity of the case. As of my last knowledge update in September 2021, the fee structure was as follows:
- For filing a Counter Statement in response to a Notice of Opposition: The fee can range from INR 2,500 to INR 10,000, depending on whether the applicant is an individual, a startup, a small enterprise, or a large enterprise.
- For requesting an adjournment of a hearing: Additional fees may apply if you need to request an adjournment of the hearing.
Please note that these fees are subject to revision, and it’s crucial to check with the official website of the Indian Trademarks Registry or consult with a legal expert to get the most up-to-date information on fees.
In conclusion, the Trademark Counter Statement filing process is a crucial aspect of protecting your intellectual property rights in India. It involves several steps, including drafting a well-reasoned response and paying the requisite government fees. While this guide provides a general overview, it is essential to consult with legal experts or trademark attorneys to ensure a successful outcome in your specific case. Your trademark is a valuable asset, and taking the right steps to defend it is paramount in today’s competitive business landscape.