How-To Guide · Trademarks
How to Respond to a Trademark Opposition Filed Against You in India (2026)
If your trademark application was advertised in the Trade Marks Journal and someone has filed an opposition against it, the Registry sends you a notice of opposition. The most urgent thing is the deadline: you must file a counter-statement on Form TM-O within two months of receiving the notice of opposition. This deadline is strict, and if you miss it your application is treated as abandoned, which means you lose the mark. So the first response is simple: diarise the date and file the counter-statement on time. After that, the matter moves through evidence stages and a hearing. This guide explains the notice, the exact deadline, the steps, what happens if you miss it, and the hearing and appeal. Last verified October 2026.
- The deadline that matters most: file a counter-statement on Form TM-O within two months of receiving the notice of opposition.
- Miss it, and you lose the mark: no counter-statement in time means your application is deemed abandoned under Section 21.
- Next stages: opponent's evidence, your evidence, evidence in reply, and then a hearing before the Registrar.
- If refused: appeal to the High Court within the time allowed, since the IPAB has been abolished.
01What a notice of opposition is
After a trademark application is examined and accepted, it is advertised in the Trade Marks Journal. Any person can then oppose it within four months of the advertisement by filing a notice of opposition on Form TM-O under Section 21 of the Trade Marks Act, 1999. When they do, the Registry serves a copy on you, the applicant.
Opposition is different from an examination objection. An objection comes from the examiner during examination and is answered in an examination report reply. Opposition comes from a third party after acceptance. To understand the difference, see our explainer on trademark objection versus opposition. For the examiner stage, see how to respond to a trademark examination report.
02The two-month counter-statement deadline
This is the heart of the matter. Once you receive the notice of opposition, you must file a counter-statement on Form TM-O within two months. The period runs from the date you receive the notice, not the date the opponent filed it.
File the counter-statement within two months of receiving the notice of opposition. Miss it, and your application is treated as abandoned.
This deadline is treated as strict. Under Section 21, if the applicant does not send a counter-statement within the prescribed time, the application is deemed to have been abandoned. There is effectively no safe way to extend this period, so the date must be diarised and met.
For the full set of opposition timelines and the evidence windows, see our explainer on trademark opposition deadlines under Rule 45.
03How to respond, step by step
- Confirm the notice and the receipt date. Check the IP India portal and record when the notice actually reached you.
- Read the grounds. Similarity to an earlier mark, lack of distinctiveness, bad faith, or other statutory grounds.
- Decide your strategy. Defend, negotiate a settlement or co-existence, or withdraw if the mark is weak.
- File the counter-statement on Form TM-O within two months. Answer each ground and set out your use and rights.
- Prepare your evidence. Line up proof of use, sales, advertising and reputation for the evidence stage that follows.
Trademark opposition is technical and the deadlines are unforgiving, so it is usually handled by a trademark agent or attorney. The key is simply never to let the counter-statement date pass.
04The evidence stages and the hearing
After your counter-statement, the matter moves through evidence filed by affidavit:
- Opponent's evidence: the opponent files evidence in support of the opposition, or waives it, within the time the Rules allow.
- Applicant's evidence: you then file your evidence in support of the application.
- Evidence in reply: the opponent may file further evidence strictly in reply.
Each stage has its own deadline, and missing one can go against you. Once evidence is complete, the Registrar fixes a hearing where both sides argue. Keeping these dates tracked is essential; see trademark hearing tracking.
05What happens if you miss the date
Missing a deadline in an opposition is costly:
- No counter-statement in two months: the application is deemed abandoned, and you lose the mark.
- No evidence or late evidence: you may be taken to have waived it, weakening your case at the hearing.
- Not attending the hearing: the Registrar can decide on the material on record, usually against the absent side.
Because the first deadline ends the application entirely, the single most important action after receiving the notice is to file the counter-statement on time.
06The decision and the appeal
After the hearing, the Registrar decides whether the mark will be registered, refused, or registered with conditions. If the decision goes against you and you believe it is wrong, you can appeal to the High Court within the time the law allows. Since the abolition of the Intellectual Property Appellate Board, trademark appeals are heard by the High Court.
The appeal has its own deadline and procedure, so note the date of the order and act quickly if you intend to challenge it.
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.
A trademark opposition runs through several strict deadlines, a counter-statement, evidence stages, a hearing, and then possibly an appeal to the High Court, and a missed date can cost you the mark. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so if the matter reaches the High Court on appeal you can follow it by party name and get the next hearing or order alert without scanning cause lists by hand. You can also search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how courts decided similar opposition and infringement disputes, with results in under 5 seconds. Claw does not use your case documents to train its AI models.
If your opposition reaches the High Court, create a FREE Claw account to track the appeal and get hearing and order alerts, and use case search across Indian courts to find how similar trademark matters were decided.
08Sources and further reading
- IP India (Trade Marks Registry, opposition filings): ipindia.gov.in
- Trade Marks public search: tmrsearch.ipindia.gov.in
- India Code (Trade Marks Act, 1999, and the 2017 Rules): indiacode.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Opposition deadlines are strict, so check the exact dates on your notice and take advice from a trademark attorney before you act.
09Frequently asked questions
How long do I get to respond to a trademark opposition?
You must file a counter-statement on Form TM-O within two months of receiving the notice of opposition. The period runs from the date you receive the notice, not the date the opponent filed it, and it is treated as strict with no safe extension.
What happens if I do not file a counter-statement?
Under Section 21 of the Trade Marks Act, 1999, if you do not file a counter-statement within the prescribed time, your application is deemed to have been abandoned. In other words, you lose the mark, so the counter-statement date must be diarised and met.
How do I respond to a trademark opposition?
Confirm the notice and your receipt date on the IP India portal, read the grounds of opposition, decide whether to defend, negotiate or withdraw, and file a counter-statement on Form TM-O within two months answering each ground. Then prepare your evidence of use and reputation for the evidence stage.
What are the stages after the counter-statement?
The opponent files evidence in support of the opposition (or waives it), then you file your evidence in support of the application, and the opponent may file evidence in reply, each within its own deadline. Once evidence is complete, the Registrar fixes a hearing where both sides argue before a decision.
Can I appeal if my mark is refused after opposition?
Yes. If the Registrar decides against you, you can appeal to the High Court within the time the law allows. Since the Intellectual Property Appellate Board was abolished, trademark appeals are now heard by the High Court, so note the order date and act quickly.