Trademark Opposition
Once a trademark application is advertised in the Trade Marks Journal, anyone can oppose it on Form TM-O within four months. The applicant then has two months to file a counter-statement, or the application is treated as abandoned. We act for both sides: we file oppositions to stop a copycat brand, and we defend your application when someone opposes it.
What it is
After the Trade Marks Registry examines an application and accepts it, the mark is published in the Trade Marks Journal. If you think the mark should not be registered, you can object formally at this stage. That objection is a trademark opposition.
The process is set out in Section 21 of the Trade Marks Act, 1999 and Rules 42 to 50 of the Trade Marks Rules, 2017. The notice of opposition is filed on Form TM-O on the IP India portal, and the case then moves through a counter-statement, evidence by affidavit and a hearing before the Registrar. The Registrar decides whether the mark is registered, refused or allowed with conditions.
Who it applies to
Stop a lookalike brand
If a similar mark for similar goods appears in the journal, an opposition is the cheapest point to stop it. Section 21 lets any person oppose, so you need not hold a registration yourself.
Defend your opposed application
If you receive a notice of opposition, you must file a counter-statement within two months. Miss it and your application is treated as abandoned.
Rely on years of prior use
A business that has used a name for years without registering it can still oppose a later application by someone else, relying on its earlier use and reputation. A Faridabad auto-parts maker selling under its name since 2015, say, can oppose a 2026 application for the same name.
Why it matters
Act early, spend less
The government fee for opposition is ₹2,700 per class on e-filing. Fighting the same mark after it is registered means a rectification petition against the registered mark or a court case. Both cost far more.
Keep your market distinct
A confusingly similar mark on the register gives its owner legal rights against you. Stopping it at the journal stage keeps your brand distinct.
Save your own application
For applicants, a strong counter-statement and evidence are often what separates a registration from a refusal. Silence means losing by default. Here is the catch: notices often land in an inbox nobody checks.
Common grounds of opposition
An opposition must state its grounds clearly. Most come from the sections the Registry itself applies at examination.
| Ground | Section | What you show |
|---|---|---|
| Identical or similar to an earlier mark, with likely confusion | Section 11(1) | Your earlier mark, the similar goods or services, and why buyers could mix them up |
| Takes unfair advantage of a well-known mark | Section 11(2) | Reputation of your mark in India, even for different goods |
| Lacks distinctive character or only describes the goods | Section 9(1) | That the mark is a common or descriptive word in the trade |
| Deceptive or likely to cause confusion | Section 9(2)(a) | How the mark misleads buyers about the goods or their origin |
| Applied in bad faith | Section 11(10) | That the applicant knew of your mark, for example a former distributor who filed your brand in its own name |
Documents required
To file an opposition
- Journal number and the opposed application number
- Your own trademark number, if registered or applied
- Proof of use: invoices, ads, website archives
- Authorisation for us to file Form TM-O
To defend an application
- The notice of opposition received
- Date and manner of receipt
- Proof of your own use and adoption of the mark
- Facts on how you chose the name
For the evidence stage
- Affidavit by a director, partner or proprietor
- Sales figures and advertising spend, with documents
- Market material showing reputation
- Any earlier orders or registrations
How it works
Spot the mark in the journal
We check the Trade Marks Journal for marks close to yours, using the same word, sound and logo checks as a pre-filing brand search. If you already have a notice in hand, we start from it and note every deadline.
File the notice of opposition
We draft the grounds and file Form TM-O on the IP India portal within four months of the journal date. The Registrar serves a copy on the applicant.
Answer with a counter-statement
The applicant files a counter-statement within two months of receiving the notice. If you are the applicant, we draft it point by point.
Prove your case by affidavit
The opponent files evidence within two months of the counter-statement, the applicant within two months after that, and the opponent may reply within one month.
Argue at the hearing
The Registrar gives at least one month’s notice of the hearing. No party gets more than two adjournments, each of up to 30 days. The Registrar then passes a written order. In practice, a well-organised evidence file often matters more than the hearing itself.
Timelines
Opposition: 4 months
Form TM-O must be filed within four months of the date of the journal in which the mark was advertised (Section 21(1), Rule 42).
Counter-statement: 2 months
The applicant files the counter-statement within two months of receiving the notice of opposition (Section 21(2), Rule 44).
Evidence: 2 + 2 + 1 months
Opponent’s evidence within two months (Rule 45), applicant’s within two months (Rule 46), opponent’s reply within one month (Rule 47).
What happens if you miss a deadline
Opponent misses four months
The window shuts. The mark can go on to registration, and your remaining route is a rectification application or a suit, both slower and costlier.
Applicant misses two months
Under Section 21(2), an applicant who does not file a counter-statement is deemed to have abandoned the application.
Opponent skips evidence
Under Rule 45(2), an opponent who takes no action within the evidence period is deemed to have abandoned the opposition.
Frequently asked questions
What is the time limit to file a trademark opposition?
The notice of opposition must be filed within four months from the date of the Trade Marks Journal in which the mark was advertised. This comes from Section 21(1) of the Trade Marks Act and Rule 42 of the Trade Marks Rules, 2017. Count from the journal date, not the date you noticed the mark, and start early. We track the journal date and file Form TM-O well before it runs out.
Who can file a trademark opposition?
Any person can oppose an advertised mark under Section 21(1). You do not need a registered trademark of your own; a prior user, a trade body or even a customer can object. In practice, most opponents are businesses with an earlier mark that is identical or similar. We help you frame the grounds so the opposition rests on your strongest facts.
What is the government fee for a trademark opposition?
The fee for Form TM-O is ₹2,700 per class on e-filing and ₹3,000 for physical filing. The same fee applies to each class opposed and to each counter-statement filed. If the opposed application covers several classes, the fee multiplies. We confirm the exact government fee before filing so you know the cost upfront.
What happens if the applicant does not file a counter-statement?
The application is treated as abandoned. Section 21(2) gives the applicant two months from receiving the notice of opposition to file the counter-statement, and if none is filed the application is deemed abandoned. Check your email and the IP India portal regularly once your mark is advertised. If a notice reaches you, send it to us at once and we will meet the deadline.
How long does a trademark opposition take to decide?
On the rule timelines, the counter-statement and evidence alone take about seven months: two months for the counter-statement, then two, two and one month for evidence. The hearing date depends on the Registry’s list, and adjournments add time. We keep every filing on schedule so delays do not come from our side.
Can the brand be used while the opposition is pending?
Usually yes. An opposition does not by itself stop you from trading. The risk is that an opponent with strong prior rights may also file a suit and seek an injunction, or send a legal notice first. We assess both marks early and tell you plainly how strong each side is.
What evidence is filed in an opposition?
Evidence is filed by affidavit, with supporting documents attached. The opponent files first within two months of the counter-statement, the applicant within two months after that, and the opponent may reply within one month. Typical exhibits are invoices, advertisements, sales figures and proof of when you started using the mark. We help you collect and organise this so the affidavit tells a clear story.
Can an opposition decision be appealed?
Yes. An order of the Registrar can be appealed to the High Court under Section 91 of the Trade Marks Act, which replaced the old IPAB route after the Tribunals Reforms Act, 2021. The appeal is filed and argued by a practising advocate. We prepare the record and the factual brief for your advocate, so the appeal starts on firm ground.
Can a trademark opposition be settled?
Yes. Many oppositions end in a settlement: the applicant narrows its goods, alters the mark or withdraws. A settlement can be reached at any stage before the order. We can open a discussion with the other side while protecting your deadlines, so you never lose your position while talks continue.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
| Government fee (IP India) | E-filing | Physical |
|---|---|---|
| Form TM-O: notice of opposition (per class) | ₹2,700 | ₹3,000 |
| Form TM-O: counter-statement (per class) | ₹2,700 | ₹3,000 |
Ready to begin?
Send us the journal entry or the notice you received, and we will tell you your deadline and your best grounds.