Before the Registrar of Trade Marks
Rectification No. [number] concerning Registered Trade Mark No. [number], Class [class]
Mark: [mark]
Registered proprietor: [legal name]
Applicant for rectification: [legal name]
Counterstatement of the registered proprietor for Form TM-O

1. The registered proprietor received the copy of the rectification application and statement of case from the Registrar on [date]. It contests the application for the reasons below. [OPTIONAL—omit unless applicable:] A further period was requested on [date], and this counterstatement is filed within the period allowed by Rule 98.

2. Registered Trade Mark No. [number] for [mark] is registered in Class [class] for [specification]. The mark was entered in the register on [date], and the registration is valid up to [date]. The registered proprietor is [the original applicant/the successor under (document) dated (date), recorded on (date)]. [Registered users or permitted users: (details/none).]

3. On whether the applicant for rectification is a person aggrieved, the registered proprietor [admits the claim/denies it/does not admit it and requires proof], because [specific reasons, for example: the applicant's application covers different goods; the applicant has not shown any trade or genuine intended trade that the registration affects].

4. Reply to paragraph 1 of the statement of case: [admit the precise correct statement/deny the specific allegation with reasons/state that the matter is outside the registered proprietor's knowledge and require proof]. Repeat this format for paragraphs [remaining numbers]. Where a paragraph contains several allegations, answer each separately. No wider admission is made than [scope, if needed].

5. [For a Section 47 ground:] The mark has been used in India in relation to [specific goods/services] from [date] to [date], including the period from [start of the alleged period] to [date three months before the application], by [the registered proprietor/(name) as permitted user under the written agreement dated (date)]. The use consists of [sales, invoices, packaging, advertising, online listings—describe accurately]. Sales for the relevant years were [figures and source].

6. [OPTIONAL—omit unless supported:] The mark has been applied to goods exported from India [or used in relation to services for use outside India] since [date]. [OPTIONAL—omit unless supported:] The mark has been used in the form [description], which differs from the registered form only by [additions or alterations] that do not substantially affect its identity. [OPTIONAL—omit unless supported:] During the relevant period the mark was used in good faith in relation to [goods or services of the same description as, or associated with, the goods or services attacked], namely [details], which the proviso to Section 47(1) allows the Registrar to take into account.

7. [OPTIONAL—omit unless supported:] Any non-use in relation to [goods/services] during [period] was due to special circumstances in the trade, namely [specific restriction on use in India imposed by law or regulation, or other trade circumstance], and not to any intention to abandon or not to use the mark. The supporting facts are [facts and dates].

8. [OPTIONAL—omit unless applicable:] The registered proprietor does not rely on use for [goods/services] and does not contest the application to that extent. It contests the application for [remaining goods/services].

9. [For a Section 57 ground:] The allegation that the entry was [made without sufficient cause/wrongly remains on the register] because [ground pleaded] is denied for these reasons: [specific facts answering the pleaded ground].

10. Other proceedings: [No other proceeding involving this registration is known to the registered proprietor./Details: (court or Registry, number, parties and status).]

11. The registered proprietor requests that the rectification application be dismissed [in full/except to the extent stated in paragraph 8], that the registration be maintained [for the goods/services stated], and that costs be awarded as the Registrar considers appropriate.

Verification: I, [name and capacity], verify paragraphs [numbers] from personal knowledge and paragraphs [numbers] from [identified records/information received and believed to be true]. Verified at [place] on [date].
[Signature and address for service]