Trademark Opposition and Defence
When a mark is advertised in the Trade Marks Journal, a four-month window opens in which anyone can oppose it. Whether you are opposing someone else's mark or defending your own, deadlines here are strict and unforgiving.
- Notice of opposition drafted and filed (TM-O)
- Counter-statement filed within the 2-month deadline
- Evidence affidavits under Rules 45, 46 and 47
- Representation at opposition hearings
- Government fee from
- ₹2,700
- Our fee from
- ₹9,999
- Typical timeline
- 12–36 months total
How opposition proceedings work
Once the Registry accepts a trademark it is advertised in the Trade Marks Journal. From the date of advertisement, any person may file a notice of opposition within four months. This is the last practical chance to stop a conflicting mark before it becomes a registered right.
If your application is opposed, you must file a counter-statement within two months of receiving the notice. Miss it and your application is deemed abandoned — there is no discretion here. After the counter-statement, both sides file evidence by affidavit: the opponent under Rule 45, the applicant under Rule 46, and the opponent may file evidence in reply under Rule 47.
Opposition is an adversarial proceeding with pleadings, evidence and a hearing. It is slower and more expensive than examination, but it is also where genuinely conflicting marks are stopped. Many oppositions settle through coexistence agreements or specification limitations before reaching a hearing, which is often the commercially sensible outcome.
What opposition gives you
The practical advantages, not the marketing version.
Stop conflicts before registration
Opposing an application is far cheaper and faster than rectifying a registered mark later.
Never miss the counter-statement
The two-month deadline is absolute. We docket it from the day the notice is served.
Evidence prepared properly
Affidavits, exhibits and proof of prior use assembled in a form the Registry accepts.
Settlement explored first
Where a coexistence agreement or limitation resolves the dispute commercially, we pursue it before running up costs.
Experienced hearing advocacy
Representation at opposition hearings before the Registrar with a prepared case bundle.
Both sides handled
We act for opponents and for applicants defending their marks.
The process, step by step
Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.
- 1Ongoing
Journal monitoring or notice received
Either we spot a conflicting mark in the Journal during watch, or you forward the notice of opposition served on you.
- 23–5 days
Merits assessment
We assess the strength of the opposition, the prior rights involved, and the realistic outcomes — including whether settlement is the better path.
- 3Within deadline
Pleadings filed
Notice of opposition (TM-O) if you are opposing; counter-statement within two months if you are defending.
- 46–12 months
Evidence rounds
Rule 45 evidence by the opponent, Rule 46 by the applicant, Rule 47 in reply. Each round carries a two-month deadline with a one-month extension available.
- 512–36 months total
Hearing and decision
Both sides argue before the Registrar, who issues a reasoned order allowing or dismissing the opposition.
What you need to provide
Have these ready and the filing moves quickly. We tell you if anything is missing before we start.
If you are opposing
- Details of the advertised mark and Journal number
- Your registration certificate or earlier application
- Evidence of prior use — invoices, advertising, packaging
- Evidence of reputation and goodwill in the mark
- Grounds of opposition under Sections 9, 11 and 18
If you are defending
- The notice of opposition served on you
- Your application details and filing date
- Evidence of your own honest adoption and use
- Documents showing your goods or channels differ from the opponent's
- Any consent or coexistence correspondence
Official fees
These are statutory fees payable to the government, separate from our professional fee. We never mark them up.
| Fee type | Amount | Notes |
|---|---|---|
| Notice of opposition (TM-O) — e-filing | ₹2,700 | Per class. |
| Notice of opposition (TM-O) — physical | ₹3,000 | Per class. |
| Counter-statement — e-filing | ₹2,700 | Per class. |
| Extension of time (TM-M) | ₹900 | Per request. |
Evidence affidavits under Rules 45, 46 and 47 carry no separate government fee.
Transparent professional fees
Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.
Counter-Statement
Defend your application inside the two-month window.
- Notice of opposition analysis
- Counter-statement drafted and filed
- Merits assessment call
- Deadline docketing
Full Opposition
Pleadings through evidence and hearing, either side.
- Notice of opposition or counter-statement
- Evidence affidavits under Rules 45–47
- Exhibit compilation and notarisation
- Settlement and coexistence negotiation
- Hearing representation before the Registrar
- Written submissions and order follow-up
Rectification
Remove a registered mark that blocks you.
- Non-use rectification under Section 47
- Invalidity petition under Section 57
- Evidence of non-use compiled
- Representation before the Registrar or IPD
Questions we get asked
If your question is not here, send it over — we answer directly rather than routing you to a form.
How long is the trademark opposition window in India?
What happens if I miss the counter-statement deadline?
Can an opposition be settled?
How long does an opposition take?
Can I oppose a mark that is already registered?
Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.
Ready to start your opposition?
Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.