StampMitra - Digital LegalTech, Virtual Office & Compliance Platform

Trademark Opposition: Oppose or Defend in Time

When a trademark application is advertised in the Trade Marks Journal, anyone can oppose it, and the applicant must answer a notice of opposition with a counter-statement. Both steps run on fixed time limits that cannot be extended. StampMitra drafts and files the notice or the counter-statement through an authorised professional. We are a filing assistance platform, not the Registry and not a law firm.

What a trademark opposition is

After an application is accepted, the mark is advertised in the Trade Marks Journal. Any person may oppose it by filing a notice of opposition in Form TM-O within 4 months of the Journal date (Rule 42(1)). If the mark is advertised again, the new Journal date starts the period afresh. The notice names the application, the goods or services opposed, the earlier mark or right relied on and the grounds, and it is verified and signed.

Opposing a mark, or defending your own

Opposing another mark / Defending your application

  • Opposing another mark
  • Defending your application

The opposition schedule

The Registry does not publish how long a contested opposition takes, so we do not promise a date for the decision.

  • Notice of opposition: Within 4 months of the Journal date
  • Applicant's counter-statement: 2 months from receipt of the notice
  • Opponent's evidence: 2 months
  • Applicant's evidence: 2 months
  • Opponent's evidence in reply: 1 month
  • First hearing: At least one month after the notice of hearing

What an opposition can rest on

We choose the legal grounds from your facts. Tell us what you know.

  • Section 9: absolute grounds
  • Section 11: an earlier mark
  • Passing off and reputation
  • Bad faith
  • Defences for an applicant
  • A settlement

Fees

Government fee: First Schedule of the Trade Marks Rules, 2017, as shown on the IP India fee page on 25 October 2026.

  • Notice of opposition, Form TM-O, per class opposed: ₹2,700 (e-filing)
  • Counter-statement, Form TM-O: ₹2,700 (e-filing)
  • StampMitra: filing the notice or the counter-statement: Quoted after review
  • StampMitra: evidence, hearing and appeal stages: Quoted separately

What we need after you order

No identity number is typed on the order form. We collect papers securely after payment.

  • Authorisation in Form TM-M
  • Identity or incorporation proof of the party and of the signatory

How we work on your matter

What makes an opposition weak, and how to avoid it

Check the Journal date on the Registry's Journal page before you order: a wrong date can cost you the right to oppose.

  • Check the Journal date on the Registry's Journal page before you order: a wrong date can cost you the right to oppose.
  • Keep the registered mark out of it: a registered mark is challenged by a different application, not by opposition.
  • Collect dated bills and advertisements now. A use-based case lives or dies on dated proof.
  • As an applicant, make sure the Registry has your current e-mail and address. Most missed notices go to an old inbox.
  • Keep the notice and the e-mail it came with. They prove the date of receipt.
  • Do not wait for the last day. The evidence periods that follow are also fixed.

What StampMitra does for you

StampMitra is a filing assistance platform. It is not the Registry and not a law firm.

  • Dates first
  • Notice or counter-statement
  • Later stages with a partner advocate

How it works

  1. Find your date The Journal date if you oppose, or the date of the notice if you defend.
  2. Answer the questions Your side, the classes and what you know about both marks.
  3. Share documents after payment The journal page or the notice, and proof of use.
  4. We draft and file The notice or the counter-statement, inside the limit.
  5. Later stages Evidence, hearing and appeal go to a partner advocate.

Frequently asked questions

How long do I have to oppose a trademark?

4 months from the date of the Trade Marks Journal in which the application was advertised, or advertised again (Rule 42(1)). The Rules give no extension.

How long do I have to answer an opposition?

2 months from receipt of the notice of opposition, by a counter-statement in Form TM-O (Rule 44). If you do not file in time, the application is treated as abandoned.

Can the time limits be extended?

The Rules provide no extension for either period, so we treat both as fixed and start the same day we can.

Can I oppose a mark that is already registered?

No. Opposition lies only against an advertised application. A registered mark is challenged by a rectification or removal application, which is a different matter; talk to us about it.

Do I need my own trademark to oppose?

Any person may oppose. Some grounds, such as an earlier mark, are easier to prove if you own that mark or can show dated use, so tell us what you have.

I never received the notice of opposition. What now?

Order now. If the notice never reached you, the 2 months may not have started, and we review how the Registry served it the same day.

Who files the opposition for me?

An authorised professional files it on an authorisation in Form TM-M that you sign. Only an advocate, a registered trade marks agent or a person in your sole regular employment can act for you.

What does it cost?

The government fee is ₹2,700 for e-filing Form TM-O, charged for each class opposed. Our fee for filing the notice or the counter-statement is quoted after we read your answers, and the evidence, hearing and appeal stages are quoted separately.

What happens after the counter-statement?

The opponent files evidence within 2 months, the applicant within 2 months after that, and the opponent may reply within 1 month. A hearing follows and the Registrar decides in writing.

Where do I appeal against the decision?

To the High Court. The Intellectual Property Appellate Board was abolished in 2021. Our partner advocate takes the appeal stage.

Can you guarantee the result?

No. The Registrar decides on the evidence and the law. We prepare and file carefully and keep you informed at every stage.