TM-O Trademark Counterstatement Draft

Opposition and counterstatement

Answer an opposition accurately while preserving the applicant’s real factual and legal position.

Legal references checked: 8 October 2026

How to answer an opposition

A counterstatement is the applicant’s response to a notice of opposition. Reply to each numbered paragraph and distinguish facts you admit, allegations you dispute and matters for which you require proof. Keep the adoption, ownership and use history consistent with the actual application and records. This is a supporting framework for the prescribed Form TM-O; it should not be filed as a substitute for the form or without checking the service date.

Filing period and procedure

File the prescribed TM-O counterstatement within two months from receipt of the opposition from the Registrar. Section 21(2) treats non-filing within that period as abandonment.

Before you prepare the draft

Facts to confirm

Opposition number and service from Registrar
Every paragraph of the notice of opposition
Applicant adoption, ownership and actual use/proposed-use facts
All opponent rights and facts that can be admitted or genuinely disputed

Evidence to keep ready

Opposition notice as served
Filed application and official mark records
Dated applicant records supporting stated facts
Authority and ownership chain documents if relevant

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

Before the Registrar of Trade Marks
Opposition [number] to Application [number], Class [class]
Mark: [mark]
Applicant: [legal name]
Opponent: [legal name]
Supporting counterstatement for Form TM-O

1. The applicant received the notice of opposition from the Registrar on [date]. It contests the opposition for the reasons below. The application covers [exact goods/services], was filed on [date] and states [proposed use/accurate use claim]. The applicant's ownership and adoption facts are [actual facts and supported chronology].

2. Reply to paragraph 1 of the opposition: [admit the precise undisputed statement/deny the specified allegation with reasons/state the particular matter outside the applicant's knowledge and require proof]. No wider admission is made than [identify scope, if needed].

3. Reply to paragraph 2: [separate reply to every factual and legal allegation]. The relevant official record shows [accurate details]. Repeat this format for paragraphs [remaining numbers]. Where a paragraph contains several allegations, answer each separately.

4. On the alleged conflict, the marks share [fairly identify similarities]. Their relevant differences are [facts]. The applicant submits that [specific analysis of marks as a whole, important features, goods/services, purchasers and likely confusion]. Different class numbers or additional artwork alone are not relied upon.

5. On the opponent's claimed [prior use/goodwill/well-known status/bad faith allegation], the applicant's position is [specific admission or dispute and reasons]. The applicant does not deny a fact it knows to be correct. [OPTIONAL—omit unless supported:] The applicant relies upon [actual consent/honest concurrent use/other lawful basis], particulars of which are [facts].

6. The applicant requests dismissal of the opposition and continuation of the application toward registration, with appropriate costs if awarded by the Registrar.

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

Check before filing

This framework does not replace TM-O. A blanket “all allegations denied” reply is inadequate for practical drafting. Do not alter the application’s use date through an unsupported counterstatement.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 21(2); substantive grounds and defences actually applicable
Trade Marks Rules, 2017: Rule 44

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

TM-O counterstatement: paragraph-wise reply