Dear Ma'am Uma,
My name is Basavaraj.R., Working in Bal Pharma Limited at Bangalore, as Senior Officer-Legal. Since our company is doing pharmaceutical products manufacture. We are having more than 1000 trademarks and got registered in concerned Registry.
Basically I’m looking all IPR related matters and directly dealing with Trade Mark Registry.
I understand your difficulty, but you need not to panic, this is usually course in trade business, as per the Trade Marks Rules 47 any person can object for infringement or passing off their trademark or identical, similar, colouor of their trademark. This defend upon classification. Receiving opposition does not mean that you have done infringement or passing off, it is onus of opponent to prove the similarity between the two rival marks.
Now come to the point that as per the Trade Mark Rules 49-The counterstatement required by sub-section (2) of section 21 shall be sent in triplicate in form TM-6 (Rs.1000) within two months from the receipt by you of the copy of the notice of opposition from the Registrar and shall set out copy of the counter-statement shall be ordinarily served by the Registrar to the opponent within two moths from the date of receipt of the same.
However you need not to produce any annexure/exhibits/documents with counter-statement. You just deny all the objections with appropriate counter with verification at the end.
After receiving your counter-statement the opponent would send you evidence in support of his opposition with all documents from the date of receipt(some time he may request you to send photo copies charges as prescribed in rule 54 of Trade Marks Rules). Thereafter you will have to send his photo copies charges(note that two months will begin only when you receive the copies from the opponent) and further you will have to send your evidence in support of your application from the date of receipt of opponent evidence. Please note that for sending evidence there would be no costs and here you will have to send all supporting documents without fail.
Finally, the opponent will have a chance to send again evidence in support of his opposition within one month from the date of receipt of your evidence and there would no further evidence.
I hope now your doubt has been cleared.