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An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
Any person may file such a notice in the prescribed form, Form TM-O, either online or in physical form, along with the prescribed fee. The notice must contain the grounds on which the trademark is being opposed, and any other relevant information in support of the grounds.
Grounds for Trademark Opposition The trademark is similar or identical to an earlier or existing registered trademark. The trademark is devoid of distinctive character. The trademark is descriptive in nature. The trademark registration application is made with bad faith.
The trademark opposition notice should contain the following information: Application against which trademark opposition is entered including trademark registration application number, class of good or services for which trademark registration application was made and the name of applicant of the trademark application.
A counter statement is a response filed by the applicant of a trademark after they have received a Notice of Opposition from an opponent. The counter statement is a formal document that responds to the allegations made by the opponent in their Notice of Opposition.