Trademark opposition runs on deadlines that do not move. Miss the counter-statement and the application is abandoned. Miss the evidence deadline as opponent and the opposition is abandoned. Neither is discretionary, and neither can be extended. That is the whole risk profile of an opposition, and it is why most oppositions are lost on the calendar rather than on the merits.
Starting at
₹14,999 per class onwards
TM opposition
Opponents and applicants facing an opposition
Timeline
4 months to oppose; 2 months to counter
Once an application is accepted it is advertised in the Trade Marks Journal. Section 21 of the Trade Marks Act, 1999 gives any person four months from the date of advertisement to give notice of opposition. 'Any person' is wider than it sounds - you do not have to own a registered mark. A prior user with unregistered rights, a trade association, a customer, or anyone who believes the mark should not be registered can oppose.
TL;DR
Notice of opposition within 4 months of advertisement. Counter-statement within 2 months of the notice, or the application is deemed abandoned. Rule 45 evidence within 2 months of the counter-statement, or the opposition is deemed abandoned. Either party may waive the evidence stage in writing within the same period - silence is not waiver, silence is abandonment.
Form TM-O
The form used for both the notice of opposition and the counter-statement. ₹2,700 per class e-filing, ₹3,000 physical.
Rule 45
Evidence in support of the opposition, due within two months of service of the counter-statement. NOT extendable - the Registrar has no power to extend it, and failure means the opposition is deemed abandoned.
Rule 46 and Rule 47
Evidence in support of the application (2 months), then evidence in reply by the opponent (1 month).
Section 34
Protects a prior user against a registered proprietor - usually the strongest ground for an opponent with no registration, but it must be proved with dated documents.
Each deadline carries its own consequence, and the evidence deadlines are the ones that decide most oppositions.
Absolute grounds attack the mark itself; relative grounds attack it against an earlier mark.
Once evidence closes the Registrar issues notice of hearing under Rule 50.
01
We confirm the advertisement date, compute every downstream deadline and assess the grounds actually available on the facts.
02
Form TM-O with the grounds pleaded specifically. Assertions alone do nothing - prior use has to be pleaded with dated support.
03
Rule 45, 46 and 47 affidavits and exhibits compiled and filed within the periods. These periods cannot be extended, so the evidence file is built in parallel, not after the deadline is set.
04
Representation before the Registrar under Rule 50, and written submissions after the hearing where permitted.
Upload via our secure portal. We pre-check every scan before filing - cuts portal rejections by ~90%.
Still unsure if TM opposition is right for your case? Book a free 20-minute consult - a senior CA / CS will walk you through your specifics.
Still have questions?
Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.
Talk to a partner →A senior CA / CS will get on a call with you, confirm scope and start the work - usually within 24 hours.
