Counter-Statement
What Is a Counter-Statement?
A counter-statement is the response submitted by the trademark applicant against an opposition filed to their application. The opponent notifies TÜRKPATENT of grounds that may prevent registration; the applicant answers those grounds.
Filing a Counter-Statement
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What Is a Counter-Statement?
A counter-statement is your defence against an opposition filed by a third party to your trademark application. TÜRKPATENT notifies you of the opposition and allows time to respond. Failing to respond does not mean automatic refusal, but applications left undefended are markedly more likely to be refused.
Defences You Can Raise
- No likelihood of confusion: the signs differ sufficiently visually, aurally and conceptually
- Different goods and services: the parties’ fields and target customers do not overlap
- Non-use defence: where the opposing mark has been registered for more than five years, request proof of use
- Weak distinctiveness: the shared element is commonplace in the sector
- Earlier right: you used the mark first and more widely
- Coexistence: the marks have long coexisted in the market without difficulty
Why the Non-Use Defence Matters
If more than five years have passed since registration of the mark relied on, you may as applicant require the opponent to prove genuine use. If they cannot, the opposition is rejected. In practice many oppositions rest on unused defensive marks, so this defence can decide the outcome.