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Home / IP & Legal / Trademark Opposition
Last updated: 2 October 2026
Once a trademark is advertised in the Trade Marks Journal, anyone can oppose it within four months. Expertvuw’s team helps brand owners spot conflicting marks, prepare the notice of opposition or counter-statement, and organise evidence, with the matter conducted through registered trademark agents or advocates.
Under section 21 of the Trade Marks Act, 1999, any person can oppose the registration of a trademark within four months of its advertisement in the Trade Marks Journal. The opposition is filed in Form TM-O with the official fee (₹2,700 per class), setting out the grounds — for example, similarity to an earlier mark, bad faith, lack of distinctiveness or prior use.
The applicant must file a counter-statement within the prescribed time, failing which the application is treated as abandoned. Both sides then file evidence by affidavit — the opponent first, then the applicant, then the opponent’s reply evidence — followed by a hearing before the Registrar, who decides whether the mark proceeds to registration.
For applicants, a well-prepared counter-statement and evidence of use are central. For brand owners, regular monitoring of the Journal is the only way to catch conflicting marks within the four-month window.
Basis: Trade Marks Act, 1999 (section 21); Trade Marks Rules, 2017 (opposition procedure); IP India official fee schedule. Last updated: 27 September 2026.
Four months from the date of advertisement in the Trade Marks Journal.
TM-O, ₹2,700 per class (official fee).
Must be filed within the prescribed time, or the application is abandoned.
Filed by affidavit by both sides in stages.
The Registrar hears both sides and decides.
Decisions can be challenged before the High Court.
Opposition outcomes often turn on deadlines and evidence.
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Opposition connects with these services.
Watching the Journal for conflicts.
Replying to examination reports.
Notices against infringers.
Filing a new trademark.
Review the marks and grounds.
File TM-O or the counter-statement.
Prepare and file evidence affidavits.
Respond to the other side's evidence.
Present arguments at the hearing.
Registrar decides; appeal if needed.
The outcome shapes your next steps.
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Within four months from its advertisement in the Trade Marks Journal.
Any person, not only the owner of an earlier mark.
The official fee for Form TM-O is ₹2,700 per class.
The application is treated as abandoned.
It varies; evidence stages and hearings can take a considerable time.
ACS – Director, Expertvuw Management Pvt Ltd
Trademark, copyright and design filings are prepared by Expertvuw’s team and filed through registered trademark agents or advocates where the law requires. Patent drafting and prosecution are handled by independent registered patent agents, and representation before the Registrar, the Controller or courts is made by agents or advocates.