What is the time limit to oppose a trademark in India?

Four months from the date the Trade Marks Journal advertising the application is made available. It cannot be extended.

What is the fee for Form TM-O?

₹2,700 per class if filed online and ₹3,000 if filed physically, under the First Schedule to the Trade Marks Rules, 2017.

Can I oppose a trademark without a registered mark?

Yes. Section 21 allows any person to oppose. An unregistered earlier mark with prior use can also support an opposition.

How long does a trademark opposition take?

The written stages (counter-statement and three rounds of evidence) take about seven months if each side uses its full time. The hearing date depends on the Registry and often comes a year or more later.

How to oppose a trademark in India

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

Anyone can oppose a trademark application in India by filing a notice of opposition on Form TM-O within four months of the date the Trade Marks Journal advertising it is made available (Section 21 of the Trade Marks Act, 1999). The official fee is ₹2,700 per class when e-filed. The four months cannot be extended.

Who can oppose

Any person can oppose. You do not need a registered mark of your own, though in practice most oppositions come from owners of earlier marks who think the new mark is confusingly similar (Section 11), or from anyone who thinks the mark fails the basic tests of Section 9, for example because it describes the goods.

The steps

Find the mark. Applications are advertised in the Trade Marks Journal, published every week on the IP India website. Reading it every week, or having software read it for you, is how firms catch marks to oppose.
Check the last date. Count four months from the date the journal was made available. Late notices are refused.
Draft the notice on Form TM-O: the opponent, the application opposed, the class, your earlier rights and the grounds.
File it on the IP India e-filing portal with a digital signature, and pay ₹2,700 per class (₹3,000 if filed physically).
The Registry sends the notice to the applicant, and the timetable of counter-statement and evidence begins.

What happens after you file

Step	Who	Time allowed	Law
Counter-statement	Applicant	Two months from receiving the notice	Section 21(2), Rule 44
Evidence in support of the opposition	Opponent	Two months from receiving the counter-statement	Rule 45
Evidence in support of the application	Applicant	Two months from receiving the opponent's evidence	Rule 46
Evidence in reply	Opponent	One month from receiving the applicant's evidence	Rule 47
Hearing	Both	As notified by the Registry	Rules 49 and 50

If the applicant misses the counter-statement, the application is treated as abandoned. If the opponent files no evidence in time, the opposition is treated as abandoned. None of these periods can be extended under the 2017 Rules, so diarise each one the day the document arrives.

Common grounds

Most oppositions rely on Section 11: the new mark is identical or similar to an earlier mark for the same or similar goods, so the public is likely to be confused. Others rely on Section 9 (the mark is descriptive, generic or lacks distinctiveness), on the earlier mark being well known, or on bad faith. A strong notice names the earlier mark, its class and use, and says plainly why the two would be confused.

Nishaan checks every journal against your clients' marks, shows the last date to oppose on each match, and drafts the TM-O on your letterhead.

See how journal watch works

Common questions

What is the time limit to oppose a trademark in India?: Four months from the date the Trade Marks Journal advertising the application is made available. It cannot be extended.
What is the fee for Form TM-O?: ₹2,700 per class if filed online and ₹3,000 if filed physically, under the First Schedule to the Trade Marks Rules, 2017.
Can I oppose a trademark without a registered mark?: Yes. Section 21 allows any person to oppose. An unregistered earlier mark with prior use can also support an opposition.
How long does a trademark opposition take?: The written stages (counter-statement and three rounds of evidence) take about seven months if each side uses its full time. The hearing date depends on the Registry and often comes a year or more later.

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.