FORM TM-O
THE TRADE MARKS ACT, 1999
Fee: Rs. 2,700/- Attorney’s Code No.:
COUNTER STATEMENT
[Section 21(2); Rule 44]
IN THE MATTER OF OPPOSITION No.
__________ to Application Number _________
for registration of the mark “______”, in Class
____ for ‘______goods/services
description_______’ in the name of
_____________________, having its place of
business _________________________,
AND
Opposition Notice filed by
_____________________, having its place of
business at
_________________________________
(hereinafter referred to as “Opponent”).
___________________, the Applicant for registration of the above Mark hereby
humbly submits that the Applicant relies on the following grounds to counter the Notice
of Opposition:
1. At the outset, the Applicant denies and disputes all the averments and contents
of Notice of Opposition dated _____________, save what are the matters of
record. The Applicant reserves their rights to dispute the veracity of claims made
by the Opponent in the notice further during the proceedings.
1
ABOUT THE APPLICANT:
2. Describe the applicant and the business of the applicant here
ABOUT THE MARK:
3. Describe the applicant’s mark and the goods and services
PARA-WISE RESPONSE TO THE GROUNDS OF OPPOSITION:
4. The Applicant denies each and every statement, contention, allegation,
accusation, and averment made in the Notice of Opposition (hereinafter referred
to as “Opposition”) unless specifically admitted thereto. It is reiterated that the
Opposition is made with a mala-fide intention and is baseless, without merit in
fact or in law.
5. Para-wise denial for every ground mentioned in the Notice of Oppposition
PRAYER
6. In view of the above stated facts, reasons and / or circumstances, it is humbly
prayed before the Ld. Registrar that:
i. The Opposition under No ______ ought to be dismissed;
ii. The Application No. ______ in Class ____ is allowed to proceed to registration;
iii. The Opponent be ordered to pay the cost of these proceedings; and
iv. Any such further order(s) be passed in favor of the Applicant that this Hon’ble
Registrar deems fit and appropriate in the interest of justice and equity.
For the Applicant,
OM SHIVA PRODUCTS INC.
Through
2
Name of advocate
(Registered Trade mark Agent)
VERIFICATION
I, ____________________, the Agent for the Applicant, __________________ hereby
verifies that the contents in Paragraphs ______ to _____ are correct and true to the best
of my knowledge and belief and believed to be true and that Paragraph ____ is the
prayer before the Ld. Registrar and that no part is false and nothing material is
concealed therefrom.
Dated this the 16th day of January 2024.
(Name of the Advocate)
Agent for the Applicant
To,
The Registrar of Trademarks
Office of the Trademarks Registry at Chennai