Reply (Counter-Statement) to a Trademark Opposition

Counter-Statement to Notice of Opposition

Date: [Date]

To,
The Registrar of Trade Marks,
Trade Marks Registry, [Office].

Ref: Opposition No. [Opposition No.] against Application No. [Application No.] for "[Mark]" in Class [Class].

Subject: Counter-statement under Section 21 of the Trade Marks Act, 1999 in reply to the opponent's notice of opposition.

Respected Sir/Madam,

1. The applicant, [Applicant Name], denies each and every allegation contained in the notice of opposition filed by [Opponent Name], save as expressly admitted herein.
2. The applicant is the proprietor and bona fide first user of the mark "[Mark]" since [date] and the opposition on the ground of prior use/similarity is misconceived.
3. The competing marks are dissimilar in structure, sound and meaning, and the respective goods/services and trade channels differ, so no confusion or deception is likely under Sections 9 and 11.
4. The applicant puts the opponent to strict proof of the averments made and reserves the right to lead evidence.

It is prayed that the opposition be dismissed and the application proceed to registration.