Trademark Dispute Resolution

Sure, here is a counter-statement in * points, specific to the statements in the Rectification case:
Counter-Statement:
*. Introduction:
The Applicant for Rectification, Mosharof Hossain, has filed an application for the removal of the trademark "DONGIL SAILING BOAT" from the register under trademark No. * in class-*. This counter-statement is filed by Dongil Rubber Belt Co. Ltd., the Opposite Party/Registered Owner.
*. Denial of Allegations:
We deny all allegations made by the Applicant for Rectification that the trademark "DONGIL SAILING BOAT" is liable to be rejected.
*. Prior Use and Registration:
The Opposite Party/Registered Owner has been using the trademark "DONGIL SAILING BOAT" long before the Applicant for Rectification started using the similar mark "DONGHIL SEALING BOAT".
*. Distinctiveness:
The trademark "DONGIL SAILING BOAT" is distinctive and associated with the goods of the Opposite Party/Registered Owner.
*. No Likelihood of Confusion:
The trademarks "DONGIL SAILING BOAT" and "DONGHIL SEALING BOAT" are sufficiently dissimilar in their overall appearance, pronunciation, and commercial impression.
*. Goodwill and Reputation:
The Opposite Party/Registered Owner has built substantial goodwill and reputation under the trademark "DONGIL SAILING BOAT" worldwide.
*. Compliance with Legal Provisions:
The registration of the trademark "DONGIL SAILING BOAT" complies with all the provisions of the Trademarks Act *.
*. No Fraudulent Intent:
The registration of the trademark was obtained in good faith and not with any fraudulent or dishonest intention.
*. Market Presence:
The Opposite Party/Registered Owner has maintained a continuous market presence with the trademark "DONGIL SAILING BOAT".
*. Reputation in Bangladesh:
The Opposite Party/Registered Owner’s trademark has been recognized and associated with high-quality products in Bangladesh.
*. No Evidence of Confusion:
There is no substantial evidence presented by the Applicant for Rectification proving actual consumer confusion.
*. Legal Standing:
The Applicant for Rectification does not have the legal standing necessary to challenge the registration based on their alleged use.
*. Non-Comparable Marks:
The differences between the trademarks "DONGIL SAILING BOAT" and "DONGHIL SEALING BOAT" are significant enough to avoid confusion.
*. Advertising and Promotion:
The Opposite Party/Registered Owner has invested extensively in advertising and promoting the trademark "DONGIL SAILING BOAT".
*. Absence of Bad Faith:
The registration by the Opposite Party/Registered Owner was not done in bad faith.
*. Establishment of Rights:
The Opposite Party/Registered Owner established rights through prior use and registration.
*. Request for Dismissal:
The Opposite Party/Registered Owner requests the Learned Tribunal to dismiss the application for rectification.
*. Costs and Reliefs:
The Opposite Party/Registered Owner requests an order for costs in their favor and any other relief deemed fit by the Tribunal.
Please review and ensure this counter-statement aligns with your specific facts and legal strategy. Feel free to ask if you need further details.

Sure, here is a more detailed and descriptive counter-statement in response to the rectification application:
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Counter-Statement:
*. Introduction:
The Applicant for Rectification, Mosharof Hossain, has filed an application for the removal of the trademark "DONGIL SAILING BOAT" from the register under trademark No. * in class-*. This counter-statement is filed by Dongil Rubber Belt Co. Ltd., the Opposite Party/Registered Owner.
*. Denial of Allegations:
We categorically deny all allegations made by the Applicant for Rectification that the trademark "DONGIL SAILING BOAT" is liable to be rejected.
*. Prior Use and Registration:
The Opposite Party/Registered Owner has been using the trademark "DONGIL SAILING BOAT" consistently and extensively, long before the Applicant for Rectification started using the similar mark "DONGHIL SEALING BOAT".
*. Distinctiveness:
The trademark "DONGIL SAILING BOAT" is distinctive and uniquely associated with the goods of the Opposite Party/Registered Owner. The design, color, and get-up of the mark are original and identifiable.
*. No Likelihood of Confusion:
The trademarks "DONGIL SAILING BOAT" and "DONGHIL SEALING BOAT" are sufficiently dissimilar in their overall visual appearance, pronunciation, and commercial impression, thereby eliminating any likelihood of confusion among the consumers.
*. Goodwill and Reputation:
The Opposite Party/Registered Owner has built substantial goodwill and reputation under the trademark "DONGIL SAILING BOAT" through continuous use, advertising, and marketing efforts, not only internationally but also within Bangladesh.
*. Compliance with Legal Provisions:
The registration of the trademark "DONGIL SAILING BOAT" complies with all the provisions of the Bangladesh Trademarks Act *, including sections *(c), *(*), and *(*). The allegations made by the Applicant for Rectification are baseless and without merit.
*. No Fraudulent Intent:
The registration of the trademark was obtained in good faith, following all legal procedures, and without any fraudulent or dishonest intention. The Opposite Party/Registered Owner has always acted in compliance with the law.
*. Market Presence:
The Opposite Party/Registered Owner has maintained a continuous and robust market presence with the trademark "DONGIL SAILING BOAT". Our products have been consistently available and recognized in the market.
*. Reputation in Bangladesh:
The Opposite Party/Registered Owner’s trademark has been recognized and associated with high-quality products in Bangladesh, reinforcing its reputation and market presence.
*. No Evidence of Confusion:
There is no substantial evidence presented by the Applicant for Rectification proving actual consumer confusion. The Opposite Party/Registered Owner’s trademark stands distinct and well-recognized.
*. Legal Standing:
The Applicant for Rectification does not possess the necessary legal standing to challenge the registration based on their alleged use. Their claims are unfounded and lack legal merit.
*. Non-Comparable Marks:
The differences between the trademarks "DONGIL SAILING BOAT" and "DONGHIL SEALING BOAT" are significant enough to avoid any confusion among the consumers or traders in the market.
*. Advertising and Promotion:
The Opposite Party/Registered Owner has made significant investments in advertising and promoting the trademark "DONGIL SAILING BOAT" globally, including in Bangladesh, establishing a strong market presence.
*. Absence of Bad Faith:
The registration by the Opposite Party/Registered Owner was not done in bad faith. The Opposite Party/Registered Owner has always adhered to fair business practices and legal requirements.
*. Establishment of Rights:
The Opposite Party/Registered Owner established rights through prior use and proper registration of the trademark. These rights are protected under the Bangladesh Trademarks Act *.
*. Request for Dismissal:
The Opposite Party/Registered Owner respectfully requests the Learned Tribunal to dismiss the application for rectification filed by the Applicant for Rectification and uphold the registration of the trademark "DONGIL SAILING BOAT" under No. * in class-*.
*. Costs and Reliefs:
The Opposite Party/Registered Owner further requests an order for costs in favor of the Opposite Party/Registered Owner for the expenses incurred in defending this rectification application and any other relief as deemed fit and proper by the Tribunal.
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Please review and ensure this counter-statement aligns with your specific facts and legal strategy. If you need further details or have any questions, feel free to ask.