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Objection or opposition?
An objection comes from the Registry. An opposition comes from another person. They happen at different stages and neither is a substitute for the other.
| Objection | Opposition | |
|---|---|---|
| Who raises it | The Examiner, in the examination report | Any person, after the mark is advertised |
| When | Before acceptance and advertisement | Within 4 months of advertisement in the Trade Marks Journal |
| Grounds | Sections 9 and 11, raised by the Registry | Sections 9, 11, 18, 34, bad faith and any ground the opponent pleads |
| Form and fee | No form and no government fee for the reply | Form TM-O, ₹2,700 per class on e-filing |
| Reply window | One month from receipt of the examination report (Rule 33) | Counter-statement within 2 months of the notice |
| If you do nothing | The application may be treated as abandoned | The application is deemed abandoned |
| Then what | Show cause hearing, then acceptance or refusal | Evidence stages, then a Rule 50 hearing and an order |
If you are still at the examination stage, the reply to the examination report comes first and the trademark hearing page covers the show cause stage. If the mark has already been advertised, you are on the right page. If the four months have gone and the mark is registered, opposition is closed and the remedy becomes rectification or removal.
The opposition timetable
Each stage has its own period and its own consequence. The consequences are not symmetrical, which is why the same calendar reads differently depending on which side you are on.
| Stage | Rule or section | Period | If you miss it |
|---|---|---|---|
| Notice of opposition in Form TM-O | s.21(1) | 4 months from the date of advertisement in the Journal | The window closes. Your remedy moves to rectification after registration |
| Counter-statement in Form TM-O | s.21(2) | 2 months from receipt of the notice of opposition | The application is deemed abandoned |
| Opponent's evidence, Rule 45 | Rule 45 | 2 months from service of the counter-statement | The opposition is deemed abandoned |
| Applicant's evidence, Rule 46 | Rule 46 | 2 months from service of the opponent's evidence or of its waiver | The application is not abandoned, but the Registrar proceeds on the opponent's evidence |
| Opponent's evidence in reply, Rule 47 | Rule 47 | 1 month | You lose the last word on the evidence |
| Further evidence | Rule 48 | Only with the leave of the Registrar | Late evidence is not read |
| Notice of hearing | Rule 50(1) | Hearing date at least 1 month after the notice | Not applicable |
| Adjournment request in Form TM-M | Rule 50(2) | At least 3 days before the hearing; maximum 2 per party, 30 days each | An adjournment asked for on the day is a non-appearance |
| Appearance at the hearing | Rule 50(3) and 50(4) | On the date fixed | Applicant absent: the application may be treated as abandoned. Opponent absent: the opposition may be dismissed |
Either side may waive its evidence stage, but the waiver has to be in writing and served within the same period. Silence is not a waiver. Silence at the Rule 45 stage is abandonment of the opposition, and silence at the counter-statement stage is abandonment of the application.
Grounds, and what each one needs you to prove
Grounds are cheap to plead and expensive to prove. Pick the ones your documents support.
| Ground | Section | What the opponent has to show |
|---|---|---|
| Not distinctive, descriptive or generic | s.9(1) | The mark describes the goods or is common to the trade. No earlier mark needed |
| Deceptive or likely to cause confusion | s.9(2) | The mark itself deceives, for example as to origin or quality |
| Identical or similar to an earlier mark | s.11(1) | Your earlier mark, plus similarity of marks and of goods, and a likelihood of confusion |
| Well-known mark, dissimilar goods | s.11(2) | That your mark is well known in India, and that the use would take unfair advantage or be detrimental to it |
| Earlier unregistered rights | s.11(3) | Passing off or an earlier right in an unregistered mark |
| Prior use | s.34 | Continuous use from a date earlier than the applicant's use or registration, proved with dated documents |
| Not the proprietor, or no bona fide intention to use | s.18(1) | That the applicant is not the proprietor of the mark it claims |
| Bad faith | s.11(10) | That the application was filed dishonestly, for example to block you |
Section 34 is the ground an opponent without a registration relies on, and it is the one that lives or dies on paperwork. Invoices, purchase orders, dated advertising, packaging artwork with dates, listing screenshots and audited turnover attributable to the mark. Build that file before the notice is filed, not when Rule 45 falls due, because Rule 45 cannot be extended.
How we run the matter
- Check the register. We check the advertisement date, the class and the status of the opposed mark on the IP India register before anything is filed.
- Compute every deadline in the matter, from the date of advertisement or the date of service, and send you the calendar.
- Plead the grounds that your documents actually support, with the evidence file built alongside the notice.
- Run the evidence stages under Rules 45 to 47, within periods that cannot be extended.
- The Rule 50 hearing, or a settlement before it where that is the better outcome.
Opposition fees
Our professional fee is on quote, because the work depends on how far the matter runs. The government fee is fixed and the same form is paid for twice, once on the notice and again on the counter-statement.
Government fee (First Schedule, Trade Marks Rules, 2017)
| What you are filing | E-filing | Physical filing |
|---|---|---|
| Notice of opposition, Form TM-O | ₹2,700 per class, per application opposed | ₹3,000 |
| Counter-statement, Form TM-O | ₹2,700 per class | ₹3,000 |
| Adjournment or other request, Form TM-M | ₹900 per request | ₹1,000 |
| Evidence under Rules 45 to 47 | No government fee | No government fee |
| Rule 50 hearing | No government fee | No government fee |
Professional fee
| Stage | Regikart fee |
|---|---|
| Notice of opposition or counter-statement, with grounds pleaded | Fee on quote |
| Evidence stage: affidavits and exhibits under Rules 45 to 47 | Fee on quote |
| Representation at the Rule 50 hearing | Fee on quote |
Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 22 September 2026.
A multi-class mark costs more to oppose. TM-O is per class, so opposing a three-class application is ₹8,100 in government fees on the notice alone. You do not have to oppose every class: if the conflict is in one class, oppose that class.
After the order
The Registrar's order either allows the opposition, refuses it, or accepts the mark subject to conditions or a disclaimer. Three routes follow.
- The mark proceeds to registration. It is registered as of the date of application under section 23(1), and the ten-year term runs from that date. Diarise the renewal date immediately.
- The mark is refused. The applicant can file a fresh application for a different mark, or appeal.
- Appeal. The Intellectual Property Appellate Board was dissolved by the Tribunals Reforms Act, 2021 and IP India has notified its dissolution. Appeals from the Registrar's orders now go to the High Courts, several of which run dedicated intellectual property divisions. Court work is conducted by advocates; we prepare the Registry record and brief counsel.
Settlement is also a real outcome, and it is often the cheapest one. Coexistence with a limitation on goods, a territorial split, a consent letter or a withdrawal of some classes can close a matter before the evidence stage. Where the other side has a genuine prior right, a settled coexistence beats an order you lose.
Mistakes we see in oppositions
Most of these are avoidable at no cost. All of them are fatal.
- Pleading generically. "The mark is deceptively similar" with nothing behind it. Grounds must be pleaded with the facts that support them.
- Treating Rule 45 as extendable. It is not. Two months from service of the counter-statement, or the opposition is deemed abandoned.
- Building the evidence after the notice. The evidence file and the notice should be built together.
- Opposing every class out of caution. ₹2,700 per class adds up, and a class with no conflict weakens the pleading.
- A stale email on the register. Every service in the matter, and the hearing link, goes to the address of service. See trademark hearing.
- Opposing when the mark is already registered. The four months are gone. File a rectification instead.
- Ignoring your own exposure. If your mark has not been used for five years, an opposition invites a counter-attack under section 47.
Not sure whether to oppose or to wait for rectification? Send us the application number and we will tell you which window is open.