If your trademark status shows "Opposed", someone has filed a notice of opposition against your application after it appeared in the Trade Marks Journal. You must file a counter-statement on Form TM-O within two months of receiving the notice, or your application is treated as abandoned. Read the notice the day it arrives, note the dates, and get help early if the opponent has a strong earlier mark.
What does "Opposed" mean in trademark status?
Your application was accepted and advertised in the Trade Marks Journal, and within the four-month window a third party filed Form TM-O against it. The Registry then serves a copy of the notice on you (Section 21(2) of the Trade Marks Act, 1999). Your mark can't be registered until the opposition is decided.
An opposition is not a court case and not a ruling against you. It is a proceeding before the Registrar of Trade Marks, where both sides file statements and evidence and the Registrar decides.
What is the deadline for a counter-statement?
Two months from the date you receive the copy of the notice of opposition (Section 21(2); Rule 44 of the Trade Marks Rules, 2017). This period is written into the Act itself, and Rule 109(1) lets the Registrar extend only periods the Act does not expressly fix. So there is no extension: miss it and the application is deemed abandoned.
- Note the date you received the notice. The clock runs from receipt.
- Keep your contact details current. Make sure the address for service and email on your application are up to date, and check your application status regularly so a notice doesn't sit unread.
- File early. Aim to be done at least a week before the last day.
Step by step: what to do when your trademark is opposed
1. Get the full notice
Download it from your application's documents on IP India's status page, or ask your agent. Note who the opponent is, which earlier marks or rights they rely on, and their grounds.
2. Size up the opponent's case
Ask yourself honestly: Is their mark really similar to yours? Are the goods or services the same or related? Who used their mark first, and can they prove it? Our guide to deceptively similar trademarks explains how this is judged, and the similarity checker gives a quick, informal score.
3. Collect your proof
Your first-use date matters. Pull together dated invoices, GST records, packaging, ads, old website pages, marketplace listings and any earlier registrations you own.
4. Draft the counter-statement
Respond to each ground in the notice, paragraph by paragraph. Deny what is wrong, explain why your mark is different or why your right is better, and set out your own facts: how you chose the name, since when you have used it, and where you sell. A one-line denial is weak. The counter-statement sets up the case you will later prove with evidence.
5. File Form TM-O and pay the fee
File online through IP India's e-filing portal. The official fee is ₹2,700 per class online or ₹3,000 per class on paper, as per the First Schedule to the Trade Marks Rules, 2017, and it is the same for every type of applicant. Check the current fee on IP India's website before paying. Professional fees are extra.
6. Diarise every evidence deadline
The real contest happens at the evidence stage. Put each deadline below in your calendar the day it starts running.
What happens after the counter-statement?
| Stage | Who | Time limit | If missed |
|---|---|---|---|
| Opponent's evidence (affidavits) | Opponent | 2 months from service of your counter-statement (Rule 45) | Opposition deemed abandoned |
| Your evidence in support | You | 2 months from receiving the opponent's evidence (Rule 46) | Application deemed abandoned |
| Opponent's evidence in reply | Opponent | 1 month (Rule 47) | No reply evidence |
| Any further evidence | Either side | Only with the Registrar's leave (Rule 48) | Not applicable |
| Hearing | Both | At least 1 month's notice; no more than two adjournments of up to 30 days each (Rule 50) | If you are absent at the adjourned hearing, the application may be treated as abandoned |
| Decision | Registrar | After the evidence and hearing (Section 21(5)) | Either side can appeal to the High Court (Section 91) |
Treat every one of these deadlines as strict and don't count on extensions. Notice the first row: if the opponent does not file evidence on time, the opposition itself is treated as abandoned.
Your options: contest, narrow, settle or withdraw
- Contest it. File the counter-statement and evidence, and argue at the hearing.
- Narrow your application. If the clash is only over some goods or services, deleting those may satisfy the opponent. Amendments are allowed before registration as long as they don't substantially change the mark (Rule 37).
- Negotiate. Opponents sometimes agree to coexist if your goods, customers or branding are clearly different. Get any deal in writing, with your agent's help.
- Withdraw. If the opponent clearly has the earlier and stronger right, withdrawing early saves time and money and lets you rebrand before you invest more.
Whatever you choose, decide before the two-month counter-statement deadline. Missing it makes the decision for you.
Can you keep using your brand while it's opposed?
An opposition only decides whether your mark gets registered. It is not an order to stop using the name. But if the opponent owns an earlier registered or well-used mark, they may also send a legal notice or sue for infringement or passing off. If that is a real risk, speak to a registered trademark agent or advocate now rather than later.
Quick checklist
- Date of receipt of the notice written down
- Counter-statement deadline (two months) in your calendar, with a reminder two weeks before
- Opponent's marks, classes and grounds listed
- Your proof of adoption and use collected, with dates
- Fee worked out for each class
- Decision made: contest, narrow, settle or withdraw
Avoid the next opposition, and catch copycats yourself
Before launching a new brand, compare it with existing marks in your class and related classes; the class finder shows which classes sit next to yours. Once you have a mark, watch the journal so that you are the one who catches copycats early. A BrandKavach watch emails you when a similar mark appears in a new journal issue, with an estimated opposition deadline already worked out. To learn the other side of the process, read how to oppose a trademark in India.
This guide is general information, not legal advice.
Frequently asked questions
What is the time limit to file a counter-statement in India?
Two months from the date you receive the copy of the notice of opposition, under Section 21(2) of the Trade Marks Act, 1999 and Rule 44 of the Trade Marks Rules, 2017.
Which form is used to file a trademark counter-statement?
Form TM-O, the same form used for a notice of opposition. The official fee is ₹2,700 per class online or ₹3,000 per class on paper, the same for every applicant. Check the current fee on IP India's website; professional fees are extra.
What happens if I don't file a counter-statement?
Your application is treated as abandoned under Section 21(2). You would have to file a fresh application, and the same conflict could come up again.
Can I still use my brand while my trademark is opposed?
The opposition decides only whether your mark gets registered; it is not an order to stop using it. If the opponent has a strong earlier right, they could separately sue, so take advice.
How long does a trademark opposition take in India?
There is no fixed timeline. Each evidence stage has its own one- or two-month deadline and the Registry schedules the hearing, so most oppositions take many months or longer.
Related guides
Sources
This guide is general information, not legal advice. Check dates in the official Trade Marks Journal and speak to a trademark agent or advocate about your own case.