How-To Guide · Trademark Opposition

How to File a Trademark Opposition in India (2026)

Updated for 2026 · Claw Editorial

To oppose a trademark in India, you file a notice of opposition on Form TM-O with the Trade Marks Registry within four months of the mark being advertised in the Trade Marks Journal. This four-month window is set by Section 21 of the Trade Marks Act, 1999, and is not extendable, so the date matters. After that come a counter-statement, two rounds of evidence, and a hearing before the Registry decides. This guide walks through each stage, the forms, the deadlines, and what happens if you miss one. Last verified October 2026.

01What a trademark opposition is

When the Trade Marks Registry is satisfied that a trademark application can proceed, it advertises the mark in the Trade Marks Journal. This is the public's chance to object. A trademark opposition, under Section 21 of the Trade Marks Act, 1999, is a formal objection asking the Registry not to register that mark.

Common grounds include that the mark is too similar to your own earlier mark, that it is likely to confuse the public, or that it lacks distinctiveness. Opposition is different from an examination objection raised by the Registry itself during examination, which is covered in how to respond to a trademark examination report. Opposition comes later, after advertisement, and is raised by a third party.

02The four-month window

The single most important fact in an opposition is the deadline. Under Section 21, a notice of opposition must be filed within four months from the date the mark was advertised in the Trade Marks Journal.

This is why brand owners run a journal watch, checking each issue of the Trade Marks Journal for marks that clash with theirs, so they never discover a conflicting mark after the window has closed.

03The notice of opposition on Form TM-O

The opposition is filed on Form TM-O with the Trade Marks Registry, online through the IP India portal or in physical form, with the prescribed fee per class. The notice sets out:

• the mark and application you are opposing;
• your grounds of opposition; and
• the facts you rely on.

The fee is charged per class, so opposing a multi-class application costs more. Check the current fee on the IP India portal before you file.

04Counter-statement and evidence

Once the notice is filed, the Registry serves it on the applicant. The proceeding then moves in set stages:

• Counter-statement. The applicant must file a counter-statement within two months of receiving the notice. If the applicant does not, the application is treated as abandoned.
• Opponent's evidence. The opponent files evidence by affidavit in support of the opposition, or states that it relies on the facts in the notice.
• Applicant's evidence. The applicant then files evidence in support of the application.
• Opponent's evidence in reply. The opponent may file evidence in reply.

All evidence is filed on affidavit. The evidence stages run on their own deadlines under the Trade Marks Rules, 2017, and missing them has consequences. The timing and the live court debate over whether the first evidence deadline can be extended are explained in the Rule 45 opposition deadline split.

05The hearing and the decision

After the evidence stages, the Registry fixes a hearing. Both sides present their arguments, often by video conference. The Registrar then decides whether the mark should be registered, refused, or registered with conditions.

If you are unhappy with the decision, it can be challenged. Appeals from the Registrar now go to the relevant High Court, where many High Courts have set up Intellectual Property Divisions to hear such matters. An opposition that started at the Registry can therefore end up in court.

06If you miss a deadline

Opposition is a game of deadlines, and missing one can be fatal:

• Miss the four-month window, and you lose the right to oppose that mark at the Registry; the application proceeds.
• Miss the counter-statement as the applicant, and your application is treated as abandoned.
• Miss an evidence deadline, and you may be shut out of putting your material on the record.

Because the dates are strict and spread over months, both opponents and applicants track opposition deadlines carefully. See how to track a trademark opposition deadline.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

An opposition runs on dates, from the four-month window to the counter-statement and the evidence stages, and a single missed date can end it. This is where a docketing and journal-watch workflow matters, so deadlines are diarised and nothing slips. And if the opposition is appealed, it leaves the Registry and goes to a High Court, often an Intellectual Property Division. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so an opposition that escalates to court can be followed by party or case number, and you can search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how similar opposition appeals were decided. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to track an opposition appeal through the High Court, and use case search across Indian courts to find how similar matters were decided.

08Sources and further reading

• IP India (Trade Marks Registry, forms and fees): ipindia.gov.in
• IP India Online (e-filing and e-register): ipindiaonline.gov.in
• India Code (Trade Marks Act, 1999): indiacode.nic.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Forms, fees and timelines can change, so check the current position on the IP India portal and take advice from a trademark attorney before you act.

09Frequently asked questions