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  1. After receiving a notice of opposition (in Form TM-5) the applicant has to file a counter statement (in Form TM-6) against the opposition. A fee of INR 2500 is payable on the notice of opposition, for each class in respect of which the application has been opposed.  Filing fee for Form TM-6 is INR 1000.
  1. Next, the Opponent will have an opportunity to file Evidence in Support of Opposition.  This evidence is very important in passing off cases. Documents establishing date of introduction of the product, logic of coining the mark, sales turnover of the product (both domestic and in the international market), manufacturing license for that product (if applicable), advertisement expenses, promotional literature, etc. may be filed by way of evidence.
  1. The Applicant can rebut the Evidence filed by the Opponent if he had lodged a counter statement. If the Applicant has not lodged the Counter Statement (in Form TM-6), then he cannot file any evidence. 
Enforcement of trademark

Taking early action against infringers is important for various reasons - to minimize losses and protect the reputation of the business from being diluted. If an infringing mark acquires distinctiveness and is operating in a different market, a court can allow an infringing mark to operate with a geographical limitation, although the chances of the court taking such a decision may be low.
This can be risky for the reputation of the business, and it can jeopardise plans to expand into other categories of products or into other geographical areas.   
In case an owner/ licensee suspect infringement of his trademark, the first step he can take is to issue a ‘cease and desist’ notice. Note that a licensee whose name has not been entered as a registered user cannot take any action for infringement - he will have to first intimate the proprietor to prepare to initiate legal action.
The second step is for the owner/ registered user to file infringement proceedings in a District Court (which is the forum specified under the Trademarks Act) claiming civil remedies. The relief for infringement is usually i) an injunction, that is a restraining order from the court which carrying out of infringing activity any further, and ii) damages of the or an account of profits from the infringing party. Note that damages and account of profits are alternative remedies, they cannot be simultaneously ordered.
A criminal prosecution can also be initiated simultaneously for making or applying an identical or similar trademark without the consent of the proprietor. It is punishable with imprisonment between 6 months to 3 years and fine of up to INR 2 lakhs.
The infringer will have to prove that he had obtained the consent of the trademark owner, or establish that he acted without any intention to defraud the consumers of the goods.

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