Trademark Opposition
Opposition is the only stage at which a third party can stop a mark before it registers — and the only stage at which a two-month deadline, missed once, loses your application outright.
Starts at ₹4,999 per mark, per class
How opposition works
When a trademark clears examination it is advertised in the Trade Marks Journal. For four months from that advertisement, any person may file a notice of opposition in Form TM-O. If nobody does, the mark proceeds to registration.
Once opposed, the applicant must file a counter-statement within two months. This deadline is not extendable, and an application without a counter-statement is deemed abandoned. It is the single most consequential date in the whole trademark process.
After the counter-statement, both sides file evidence by affidavit under Rules 45, 46 and 47, and the matter is set down for a hearing before the Registrar. Opposition proceedings commonly run for a year or more.
Both sides of the process
Cheaper and faster than suing for infringement after the mark registers. Monitoring the journal is what makes this possible.
A counter-statement filed even a day late means the application is abandoned. There is no extension and no discretion.
Prior use, reputation and actual confusion, proved by dated documents, decide these matters far more than legal argument.
Similarity, prior use, bad faith, descriptiveness and passing off can all be pleaded together.
Many oppositions resolve through coexistence agreements or a narrowing of the specification rather than a hearing.
Systematic monitoring of the journal is the only way to catch a conflicting application inside its four-month window.
Documents required
To oppose
- Details of your earlier mark — registration or prior use evidence
- Journal reference of the mark you are opposing
- Evidence of use, reputation and trade channels
- Any evidence of actual confusion or bad faith
- Power of attorney in Form TM-48
To defend
- The notice of opposition served on you
- Evidence of your own adoption and first use of the mark
- Basis on which your mark differs from the opponent’s
- Sales, advertising and market evidence supporting coexistence
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The proceeding
- Notice of oppositionWithin 4 months
Filed in Form TM-O within four months of advertisement in the journal.
- Counter-statementWithin 2 months
The applicant files a counter-statement within two months. This deadline cannot be extended.
- Opponent’s evidenceNext 2 months
Evidence in support of opposition filed by affidavit under Rule 45.
- Applicant’s evidenceFollowing months
Evidence in support of the application filed under Rule 46, followed by the opponent’s reply evidence under Rule 47.
- Hearing and decisionMonths 12–24
Both sides are heard by the Registrar, who decides whether the mark proceeds, is refused, or is registered subject to conditions.
Transparent pricing
Counter-Statement
₹4,999
defending, first step only
- Opposition analysis
- Counter-statement drafted and filed
- Deadline management
- Evidence affidavit
- Hearing appearance
Full Defence
₹24,999
defended through to hearing
- Everything in Counter-Statement
- Evidence affidavit under Rule 46
- Reply to opponent evidence
- Hearing appearance
- Settlement negotiation
File Opposition
₹24,999
opposing another party’s mark
- Grounds assessment
- Notice of opposition (TM-O)
- Evidence affidavit under Rule 45
- Reply evidence under Rule 47
- Hearing appearance
All prices are professional fees exclusive of GST at 18%. Government fees and stamp duty are charged at actuals and shown before you pay.
What decides an opposition
The counter-statement deadline is absolute
Two months from service of the notice of opposition, no extension. Applications are lost on this every week — usually because the notice went to an old agent’s address or an email nobody monitors. If you have a pending application, keep the Registry’s contact details current and check the status monthly.
Prior use beats prior registration
Indian trademark law protects the first user, not merely the first filer. An opponent who can prove continuous earlier use with dated invoices and advertising has a strong position even without a registration. Equally, an applicant with genuinely earlier use can defeat an opponent who registered first.
Evidence must be dated and documentary
Affidavits asserting long use, unsupported by contemporaneous documents, carry very little weight. Invoices, purchase orders, advertising bills, dated packaging and archived web pages are what persuade. Assemble them before drafting, not after.
Settlement is often the sensible outcome
Where both parties have a genuine business and the overlap is narrow, a coexistence agreement limiting goods, channels or territory ends the matter in weeks rather than years. Both sides usually do better than they would at a hearing.
Watching the journal is the whole game
Nobody notifies you that a confusingly similar mark has been advertised. If the four-month window passes, your only remaining route is rectification after registration, or an infringement suit — both slower and more expensive. A watch service is inexpensive insurance for a brand of any value.
The Trade Marks Journal and opposition status are published by the Trade Marks Registry.
After the decision
If the opposition fails, the mark proceeds to registration and the certificate issues. If it succeeds, the application is refused. Either party may appeal to the High Court, which now hears trademark appeals following the abolition of the Intellectual Property Appellate Board.
A successful opponent should keep watching. Refusing one application rarely stops a determined adopter, and the same or a similar mark often reappears under a different applicant.
A successful applicant should register the mark promptly, use it consistently in the form registered, and diarise the ten-year renewal.
Frequently asked questions
How long do I have to oppose a trademark?
Four months from the date the mark is advertised in the Trade Marks Journal. After that window closes, the only routes are rectification after registration or an infringement action.
What happens if I miss the counter-statement deadline?
The application is deemed abandoned. The two-month period for filing a counter-statement cannot be extended, and this is the most common way pending applications are lost.
How long does an opposition take?
Typically twelve to twenty-four months, covering the counter-statement, three rounds of evidence by affidavit, and the hearing.
Can I oppose without a registered trademark?
Yes. Any person may oppose, and prior use is a recognised ground. Indian law protects the first user, so documented earlier use can succeed against a registered proprietor.
Can an opposition be settled?
Frequently, through a coexistence agreement or a narrowing of the specification. Where both parties have real businesses in different spaces, settlement is usually faster and cheaper than a hearing.
What does opposition cost?
Defending starts at ₹4,999 for the counter-statement alone, or ₹24,999 for a full defence through to hearing. Filing an opposition is ₹24,999. Government fees are charged at actuals.
Official references
The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.
- Intellectual Property IndiaTrade marks, patents and designs registers
- Ministry of Corporate AffairsCompanies Act filings, forms and fee schedules
Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.