What an opposition is
Once the Registry accepts an application, the mark is advertised in the Trade Marks Journal. Under Section 21 of the Trade Marks Act, 1999, any person may oppose its registration within four months of the advertisement. This is the stage at which a brand owner can stop a copycat mark before it is registered.
Timeline
| Step | Who | Time limit |
|---|---|---|
| Notice of opposition (Form TM-O) | Opponent | 4 months from advertisement |
| Counter-statement (Form TM-O) | Applicant | 2 months from receiving the notice |
| Evidence in support of opposition (Rule 45) | Opponent | 2 months from the counter-statement |
| Evidence in support of application (Rule 46) | Applicant | 2 months from the opponent's evidence |
| Evidence in reply (Rule 47) | Opponent | 1 month from the applicant's evidence |
| Hearing and decision | Registrar | After evidence closes |
If the applicant does not file a counter-statement in time, the application is treated as abandoned under Section 21(2). Official fee for Form TM-O: ₹2,700 per class (e-filing).
If you want to oppose a mark
- Watching the Trade Marks Journal for marks similar to yours
- Notice of opposition setting out grounds such as similarity with your earlier mark (Section 11), lack of distinctiveness (Section 9), bad faith, or prior use and reputation
- Evidence affidavit with your sales, advertising and registration records
- Written submissions and arguments at the hearing
If your application is opposed
- Counter-statement answering each ground, filed within two months
- Evidence of your adoption, use and reputation of the mark
- Exploring settlement or co-existence where both businesses can continue
- Arguments at the hearing, and appeal to the High Court if needed
Already registered? A mark that has been registered can still be challenged through a rectification or cancellation application, for example on grounds of non-use or wrongful registration.
Frequently asked questions
How do I know if someone has applied for a mark similar to mine?
The Trade Marks Journal is published online every week. Watching it for similar marks in your classes lets you oppose within the four-month window.
Can the four-month opposition period be extended?
No. Section 21 allows four months from the date of advertisement, and this period cannot be extended.
What happens if I miss the counter-statement deadline?
Under Section 21(2), the application is treated as abandoned if the counter-statement is not filed within two months of receiving the notice of opposition.
Can an opposition be settled?
Yes. Parties often settle by withdrawing the opposition, amending the goods or services, or signing a co-existence agreement.
This page is general information under Rule 36 of the Bar Council of India Rules and is not legal advice. Official fees are as notified by the Government and may change; confirm current fees before filing.