Last Updated on November 27, 2023 by Elidge Staff

Form No. TM5: Counter-Statement to Registration/Restoration/Amendment/Surrender of Mark in Namibia

Have you heard about Form No. TM5? If someone has filed an opposition to your application for registration/restoration/amendment/surrender of a trademark, you will need to complete one of the BIPA trademark Forms, Form No. TM5 to provide a counter-statement.

Here’s what you need to know to fill out the Form No. TM5

  1. Official use section: This section is for official use only. The notice received on section should contain the official date stamp from the registrar’s office.
  2. Application reference number: This refers to the number assigned to your application by the registrar’s office. This number can be found on any correspondence you have received from them.
  3. Identify the mark and its classification: Clearly identify the mark that is the subject of the opposition, including its classification(s) as listed in the bulletin.
  4. Counter-statement: In this section, provide your response to the grounds for opposition listed in the Notice of Opposition. Be sure to attach any supporting evidence that you have.
  5. Applicant/Agent information: Provide your name and contact information, including your address, phone number, email address, and fax number.
  6. Supporting documents: Make sure to include the Power of Attorney and pay the necessary fees to accompany this form.
  7. Signature: Sign and date the form.

Helpful Tips for Completing Form No. TM5:

  1. Use clear and concise language: Avoid using overly technical terms or legal jargon.
  2. Include supporting evidence: Make sure to attach any evidence that supports your counter-statement.
  3. Pay attention to deadlines: The counter-statement must be filed within a specific timeframe after the Notice of Opposition has been received. If you miss the deadline, your application may be abandoned.
  4. Follow the guidelines: The guidelines for completing Form No. TM5 can be found in the Namibia Industrial Property Act, 2012.

External sources that could provide more information about trademark opposition proceedings in Namibia include the website of BIPA, the Namibia Ministry of Industrialization, Trade, and SME Development, as well as the website of the African Regional Intellectual Property Organization (ARIPO), of which Namibia is a member.

For more information, please refer to the website of BIPA.

If you have more questions, look through our blog for answers!