Saya & Associates
A trademark opposition notice is not a rejection: what an Indian applicant should do next
What an opposition notice means
Your brand name appears in the Trade Marks Journal. A few weeks later, the Registry sends notice that another business has opposed registration.
That does not mean the Registry has decided the other business owns your brand. It begins a process in which your application and the opponent's grounds are tested on evidence.
Under section 21(1) of the Trade Marks Act, 1999, anyone may oppose an application within four months of its advertisement. Rule 42 of the Trade Marks Rules, 2017 requires the notice to be filed in Form TM-O.
Confirm exactly what was opposed
Read the notice alongside the advertised application. Check the application number, the exact mark, the classes and goods or services, the Journal date, and the opponent's identity and claimed earlier rights.
The objection may cover one class or a group of goods rather than the whole business. Check, too, whether the earlier mark is registered, pending or claimed through use.
Similar spelling alone does not settle the dispute. The goods, customers, trade channels, reputation and evidence of use can all matter.
The counter-statement deadline
Rule 44 gives the applicant two months from receiving the Registry's copy of the notice to file a counter-statement in Form TM-O. If none is filed, section 21(2) deems the application abandoned.
Record the actual date of receipt and confirm the current status on the Registry record. Do not count from the day a founder opened an email or first heard about the dispute informally.
Answer the pleaded grounds carefully. Rule 44 requires the counter-statement to say which facts in the notice are admitted. A generic denial achieves little if the important facts are not identified.
The counter-statement must also be verified. Under Rule 43, applied by Rule 44(2), the person verifying must say which paragraphs they know personally and which rest on information believed to be true.
The opposition timeline
After the counter-statement, the proceeding moves through fixed evidence stages. Evidence is filed by affidavit.
| Stage | Who acts | Time limit | Provision |
|---|---|---|---|
| Notice of opposition | Opponent | Four months from the Journal advertisement | Section 21(1), Rule 42 |
| Counter-statement | Applicant | Two months from receiving the notice | Section 21(2), Rule 44 |
| Evidence in support of opposition | Opponent | Two months from service of the counter-statement | Rule 45 |
| Evidence in support of application | Applicant | Two months from receiving the opponent's evidence | Rule 46 |
| Evidence in reply | Opponent | One month from receiving the applicant's evidence | Rule 47 |
| Hearing | Both parties | Fixed by the Registry; each party may have at most two adjournments of up to 30 days | Rule 50 |
Missing an evidence step has consequences. An opponent who takes no action under Rule 45 is deemed to have abandoned the opposition. An applicant who takes none under Rule 46 is deemed to have abandoned the application.
Collect evidence while it is easy to retrieve
The useful file is broader than the certificate of incorporation or a screenshot of the website. Preserve dated material showing how the mark was chosen and how it has been used.
That includes invoices, packaging, product listings, advertisements, domain records, customer-facing material, sales records and early design files. Check that the dates and the legal entity match the application.
Do not edit old listings or recreate documents to improve the chronology. A consistent, authentic record is worth more than a perfect story assembled after the notice arrives.
Separate the registration fight from the commercial decision
An opposition can be defensible in law and still expensive in business terms. Existing use, planned expansion or a change to the mark can alter the value of defending the application.
Any coexistence or settlement should specify the goods, territories, channels, future applications and enforcement position. A vague promise not to object can leave the next dispute unresolved.
The choice is rarely just fight or surrender. It is whether the evidence, the market plans and the cost of uncertainty support a particular route.
The first-response checklist
- Get the full record. Obtain the complete notice and the advertised application.
- Verify service and status. Confirm the date of receipt and the current Registry status.
- Diarise every deadline. Enter the counter-statement date and each later evidence stage.
- Preserve proof of use. Secure dated evidence of adoption and use by the applicant entity.
- Assess the overlap. Review the opponent's rights and how far the goods or services overlap.
- Assign ownership. Decide who owns filings, evidence and any settlement discussion.
Frequently asked questions
Does a trademark opposition mean my application is rejected?
No. An opposition is an objection by a third party. The Registrar decides it after the pleadings, the evidence and any hearing. Until then the application remains pending.
How long do I have to file a counter-statement?
Two months from receiving the Registry's copy of the notice of opposition, under section 21(2) of the Trade Marks Act and Rule 44 of the Trade Marks Rules. If none is filed in time, the application is deemed abandoned.
Can the counter-statement deadline be extended?
Treat it as fixed. The two-month period is written into section 21(2) of the Act itself, so plan to file within it rather than relying on any extension.
Which form is used to oppose or to reply?
Form TM-O. The Trade Marks Rules, 2017 use it for both the notice of opposition and the applicant's counter-statement.
What evidence helps an applicant?
Dated, authentic records of adoption and use by the applicant entity: invoices, packaging, listings, advertisements, domain records, sales records and design files. Evidence is filed by affidavit at the Rule 46 stage.
The takeaway
An opposition is manageable when the business treats it as a timed evidentiary proceeding. The most avoidable loss is procedural: a missed filing while everyone debates whether the brands look alike.
To discuss an opposition notice, contact Saya & Associates.
This article provides general information as at 23 September 2026. The response depends on the notice, the application, the evidence and the current Registry record. It is not legal advice.