Can the counter-statement deadline be extended?

No. Under the Trade Marks Rules, 2017 the two months for the counter-statement cannot be extended. A missed counter-statement means the application is treated as abandoned.

When does the four-month opposition period start?

From the date the Trade Marks Journal in which the application is advertised is made available to the public.

What happens if the opponent does not file evidence?

Under Rule 45, an opponent who files no evidence within two months of receiving the counter-statement is treated as having abandoned the opposition.

Trademark opposition deadlines in India

Checked against the Trade Marks Act, 1999, the Trade Marks Rules, 2017 and IP India's fee table on 30 October 2026.

An Indian trademark opposition runs on fixed dates: four months from the journal to file Form TM-O, then two months for the applicant's counter-statement (Rule 44), two months for the opponent's evidence (Rule 45), two months for the applicant's evidence (Rule 46) and one month for evidence in reply (Rule 47). The 2017 Rules allow no extensions.

The full timetable

Step	Filed by	Time allowed	Law	If missed
Notice of opposition, Form TM-O	Opponent	Four months from the journal being made available	Section 21(1)	The mark proceeds to registration
Counter-statement	Applicant	Two months from receiving the notice	Section 21(2), Rule 44	The application is treated as abandoned
Evidence in support of the opposition	Opponent	Two months from receiving the counter-statement	Rule 45	The opposition is treated as abandoned
Evidence in support of the application	Applicant	Two months from receiving the opponent's evidence	Rule 46	The applicant relies on the record so far
Evidence in reply	Opponent	One month from receiving the applicant's evidence	Rule 47	No reply is considered
Hearing	Both	As notified by the Registry	Rules 49 and 50	A party absent may lose the matter

Which dates are yours

If your client applied for the mark and someone opposed it (an inbound case), your dates are the counter-statement and the applicant's evidence. If your client opposed someone else's mark (an outbound case), your dates are the opponent's evidence and the evidence in reply.

Each period runs from the day the document is received, not from when the other side filed it. Keep the receipt date with every case.

Why firms miss them

The periods are short and they chain: one late receipt moves every date after it. Firms that run dozens of cases usually miss dates because a step was diarised from the wrong trigger, or not diarised at all, rather than because the rule was unclear.

Nishaan works out every date in Rules 44 to 47 for both sides, puts them in one compliance list, and reminds the person who handles the client.

See the compliance tracker

Common questions

Can the counter-statement deadline be extended?: No. Under the Trade Marks Rules, 2017 the two months for the counter-statement cannot be extended. A missed counter-statement means the application is treated as abandoned.
When does the four-month opposition period start?: From the date the Trade Marks Journal in which the application is advertised is made available to the public.
What happens if the opponent does not file evidence?: Under Rule 45, an opponent who files no evidence within two months of receiving the counter-statement is treated as having abandoned the opposition.

Related guides

This guide explains the law in general. It is not legal advice for a particular case; check the Registry's records and speak to a trademark attorney before you act.