Examination asks whether the Registry thinks a mark is registrable. Opposition asks whether anyone else objects. Between the two sits the Trade Marks Journal, and a window of exactly four months. This guide covers both sides: defending your own application when it is opposed, and opposing someone else's mark before it registers.
The Trade Marks Journal
Every Monday the Registry publishes the Trade Marks Journal on IP India's website, as class-wise PDFs, several thousand applications a week. Each entry shows the mark, application number and date, the applicant's name and address, the agent on record, the claimed date of use, and the goods or services. Publication is what starts the opposition period.
Your application appears in the journal when its status on the portal changes to Accepted & Advertised or Advertised bef acc. The journal number and date are recorded against the application; note them, because the four months run from that date.
The four-month opposition window
Under Section 21(1) of the Trade Marks Act, 1999, any person may give notice of opposition within four months of the date of advertisement. Three things follow from the wording:
- Any person. The opponent does not need a registered mark, or any mark. A business with prior use, a trade association, a competitor.
- Four months, not extendable. Earlier law allowed an extension; the 2017 Rules removed it. Day 121 is too late.
- Silence means acceptance. If no opposition is filed, the mark proceeds to registration and the certificate issues, typically within a few months.
Grounds of opposition
An opposition can raise any ground on which the Registry could have refused the mark, plus some that only a third party can:
- Section 11: the mark is identical or similar to the opponent's earlier mark, registered or pending, for similar goods, and is likely to confuse.
- Section 9: the mark is descriptive, non-distinctive or deceptive.
- Prior use and passing off: the opponent used the mark first, so the applicant's use would misrepresent a trade connection.
- Well-known mark: the mark takes unfair advantage of, or damages, a mark that is well known in India, even for different goods.
- Bad faith: the applicant knew of the opponent's mark and filed to block or trade on it.
- Lack of intention to use: the applicant has no bona fide plan to use the mark on the goods claimed.
The procedure, step by step
| Step | Who | Form | Deadline | If missed |
|---|---|---|---|---|
| 1. Notice of opposition | Opponent | TM-O, fee ₹2,700 | Four months from advertisement | Opposition cannot be filed; only rectification after registration |
| 2. Counter-statement | Applicant | TM-O, fee ₹2,700 | Two months from receipt of the notice | Application deemed abandoned |
| 3. Opponent's evidence in support | Opponent | Affidavit with exhibits | Two months from receipt of the counter-statement | Opposition deemed abandoned, unless the opponent relies on the notice alone |
| 4. Applicant's evidence in support | Applicant | Affidavit with exhibits | Two months from receipt of the opponent's evidence | Application deemed abandoned, unless the applicant relies on the counter-statement alone |
| 5. Opponent's evidence in reply | Opponent | Affidavit, confined to reply | One month | Proceeds without it |
| 6. Hearing | Both, before a hearing officer | Notice from the Registry | As listed; limited adjournments | Decision may go against the absent party |
| 7. Decision | Registrar | Reasoned order, may award costs | ||
| 8. Appeal | Losing party | Appeal to the High Court | Within the statutory period from the order | Order becomes final |
Steps 3 to 6 are where oppositions are won. Evidence means an affidavit: when the mark was adopted, how it has been used, sales and advertising figures by year, invoices, packaging, listings, press, survey material if any. A party that files pleadings but no evidence is arguing with one hand.
If your application is opposed
- Find the notice. It is served on the address for service, which is usually your agent, and appears on the portal. If your agent has stopped watching the file, you may learn of it only when the status changes to Opposed. Check.
- Diarise two months from receipt. The counter-statement must be on file by then. Everything else can be planned; this cannot.
- Read the grounds and the opponent's mark. Many oppositions are filed by large brand owners as a matter of routine and are open to settlement: a coexistence agreement, a limitation of your goods, a small change to the mark.
- File the counter-statement answering each ground, then build the evidence of your own adoption and use.
- Prepare for the hearing with written submissions. Most hearings are now by video.
If you want to oppose someone else's mark
The journal is public and searchable. If a mark similar to yours is advertised, you have four months to act, and the cost of acting now is a fraction of the cost of a rectification petition or an infringement suit later.
- Confirm the advertisement date and calculate the four-month deadline.
- Assemble your standing: your registration or application, your date of first use, your evidence of reputation.
- File the notice of opposition on Form TM-O with the grounds, within the window.
- Follow the evidence rounds above. An opposition abandoned for want of evidence is a common and avoidable outcome.
A journal watch, checking each week's issue against your marks, is how established brands catch conflicts in time. It is a service we provide, and it is cheap compared to the alternative.
How long it takes
A contested opposition commonly takes one to three years to a decision, driven by the evidence rounds and hearing availability at the Registry office concerned. Many end sooner by settlement. During that time your application stays alive and you may use the mark with ™, though not ®.
Opposition in a fixed-fee engagement
On an application we handle, the journal is watched, the notice is received by us, the counter-statement is filed in time, and the evidence and hearing are prepared, all within the ₹10,000 professional fee. Government fees such as the ₹2,700 counter-statement fee are paid at actuals. If your mark was filed by someone else and has just been opposed, send us the application number; we will read the notice and tell you the deadline and your options, at no charge.
Frequently asked questions
How long is the trademark opposition period in India?
Four months from the date the mark is advertised in the Trade Marks Journal. The period cannot be extended.
What happens if I do not file a counter-statement?
The application is deemed abandoned under Section 21(2) of the Trade Marks Act, even though it had already cleared examination. The counter-statement is due within two months of receiving the notice of opposition.
Who can oppose a trademark?
Any person. The opponent does not need to own a registered mark. In practice most oppositions come from owners of earlier registered or pending marks, or from businesses with prior use of a similar name.
What does it cost to oppose a trademark or defend an opposition?
The government fee is ₹2,700 for the notice of opposition and ₹2,700 for the counter-statement, filed on Form TM-O. Professional fees vary with the complexity of the evidence and hearing. Defending an opposition on an application we handle is included in our fixed fee.
How long does an opposition take to decide?
Commonly one to three years, depending on the Registry office, whether both sides file evidence, and hearing availability. Many oppositions settle earlier through a coexistence agreement or an amendment to the goods.
Can I use my mark while an opposition is pending?
Yes, with the ™ symbol, at your own commercial risk. Registration, and the ® symbol, wait for the opposition to be decided in your favour.
How do I know if someone has filed a mark similar to mine?
By watching the weekly Trade Marks Journal, which is published every Monday on IP India's website, or by having an attorney run a watch. Once the four months pass, the only remedy is a rectification petition, which is slower and harder.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.