A Counter Statement is the formal response filed with UKIPO after a Notice of Opposition is received. It explains whether you admit or deny the allegations made by the opposing party.
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Service Details
Trade Mark Counter Statement
Respond Strategically To A Trade Mark Opposition
Receiving a Notice of Opposition from the UK Intellectual Property Office (UKIPO) does not automatically mean your trade mark application will fail. A properly prepared Counter Statement gives you the opportunity to defend your application and explain why your trade mark should proceed to registration.
At Corpinal IP, we advise applicants on the merits of defending an opposition, prepare professionally drafted Counter Statements and represent clients throughout UKIPO opposition proceedings. Our advice is commercially focused, helping you make informed decisions that support your long-term business objectives.
At Corpinal IP, we advise applicants on the merits of defending an opposition, prepare professionally drafted Counter Statements and represent clients throughout UKIPO opposition proceedings. Our advice is commercially focused, helping you make informed decisions that support your long-term business objectives.
Why Choose Corpinal IP for filing Counter Statement?
A Counter Statement is the foundation of your defence. The approach taken at this stage can influence the direction of the entire opposition process and often affects the prospects of achieving a successful commercial outcome.
As a UK Chartered Trade Mark Attorney, Nitin Agarwal represents applicants before the UK Intellectual Property Office (UKIPO), providing practical advice on defending trade mark applications, assessing legal risks and developing effective strategies tailored to each case.
Working with us means you benefit from:
✓ Chartered Trade Mark Attorney
✓ Strategic Defence Planning
✓ Evidence-Based Advice
✓ Commercially Focused Solutions
✓ Clear Fixed Fees
✓ End-to-End Representation
Why Trade Mark Counter Statements Matter
Many businesses assume they must abandon their trade mark application once an opposition is filed. In reality, many disputes can be successfully defended, resolved through negotiation or narrowed before reaching a final decision.
A professionally prepared Counter Statement allows you to clearly set out your legal position while preserving your rights throughout the opposition process.
A well-prepared Counter Statement can help you:
✓ Defend your trade mark application.
✓ Respond to allegations with clear legal arguments.
✓ Preserve valuable commercial rights.
✓ Strengthen your negotiating position.
✓ Reduce unnecessary legal risks.
✓ Improve the prospects of a successful outcome.
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Common challenges
Receiving an opposition can be stressful, particularly when strict UKIPO deadlines apply. Many applicants are unsure whether they should defend their application, negotiate with the opposing party or amend their specification.
Our Trade Mark Counter Statement service helps assess your legal position, develop an appropriate strategy and prepare a professionally drafted response before the UK Intellectual Property Office (UKIPO).
Common issues include:
- Missing the Counter Statement deadline.
- Responding without a clear legal strategy.
- Uncertainty over the strength of the opposition.
- Negotiating appropriate commercial settlements.
- Protecting your application while controlling legal costs.
Example: Successfully Responding To An Opposition
A business applied to register a new trade mark and received a Notice of Opposition alleging confusion with an earlier registration. Rather than abandoning the application immediately, the applicant sought professional advice before responding.
Following a detailed review of the earlier rights, goods and services, and the legal arguments available, a carefully drafted Counter Statement was prepared. This preserved the applicant’s position, enabled constructive discussions with the opposing party and provided the strongest possible foundation for defending the application before UKIPO.
Who Can Benefit From Trade Mark Counter Statements?
Trade Mark Counter Statement services are suitable for businesses, entrepreneurs and organisations that have received a Notice of Opposition against their UK trade mark application.
Whether you are launching a new brand, expanding your business or protecting an established trade mark, obtaining professional advice early can significantly improve your ability to respond strategically and protect your commercial interests.
This service is particularly valuable for start-ups, SMEs, manufacturers, retailers, technology businesses, franchisors, professional service firms and international businesses seeking UK trade mark protection.
general questions
Frequently Asked Questions
Trade mark opposition proceedings can appear complex, particularly if you have never received a Notice of Opposition before. Understanding the Counter Statement process helps you protect your application while making informed commercial decisions.
Below are answers to some of the questions we are most frequently asked about Trade Mark Counter Statements, UKIPO procedures and the practical considerations before responding to an opposition.
Below are answers to some of the questions we are most frequently asked about Trade Mark Counter Statements, UKIPO procedures and the practical considerations before responding to an opposition.
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Q. What is a Trade Mark Counter Statement?
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Q. How long do I have to file a Counter Statement?
UKIPO sets strict deadlines for filing a Counter Statement. Missing the deadline may result in your trade mark application being treated as withdrawn.
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Q. Can I negotiate instead of defending the opposition?
Yes. Many trade mark disputes are resolved through negotiation, coexistence agreements or specification amendments without requiring a full UKIPO decision.
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Q. Should I obtain legal advice before filing?
In most cases, yes. A professionally prepared Counter Statement helps ensure your legal position is properly presented while avoiding unnecessary procedural mistakes.