Who can file a trademark opposition?

Any person — competitor, prior mark proprietor, consumer body, or trade association — under s.21. The opposer must have a bona fide interest in the goods/services at issue.

What is the opposition window?

4 months from the date the mark is advertised in the Trade Marks Journal (s.21(1), extended from 3 months under the TM Rules 2017).

What is the government fee for filing opposition?

₹1,500 for Form TM-O Notice of Opposition (Rule 36 / First Schedule). The applicant's counter-statement also attracts ₹1,500.

What happens if the applicant doesn't file a counter-statement?

The applicant is deemed to have abandoned the TM-A (Rule 37(3)). The mark is treated as refused — the opposition succeeds by default.

How long does the opposition proceeding take?

No statutory SLA — typically 18–36 months from notice to the Registrar's order. Three rounds of evidence (Rule 39) plus a hearing.

On what grounds can I oppose?

Any ground that would prevent registration under the Act — s.9 (absolute — descriptiveness, non-distinctiveness), s.11 (relative — identical/similar to an earlier mark), s.18 (not the proprietor), s.32 (prior rights), or s.2(1)(g) (well-known mark) grounds.

Can an opposition be withdrawn?

Yes — the opposer may withdraw at any stage; the Registrar will record the withdrawal and the mark proceeds to registration.

Can I appeal the Registrar's order?

Yes — under s.91 to the High Court (post IPAB abolition via the Tribunal Reforms Act 2021, w.e.f. 4 April 2021) within 3 months of the order.

Editor's pickStartup · Business Registration

Trademark Opposition in India | File or Defend with Expert Lawyers

Oppose an advertised trademark under s.21 of the Trade Marks Act 1999. File Form TM-O within 4 months of journal publication. Expert opposition drafting by I-Pro.

Statutory basis: Trade Marks Act 1999, ss. 21 (opposition by any person), 22 (procedure for opposition), 23 (registration after opposition), 91 (appeal to High Court).

Turnaround

30 Days

₹

Starts from

₹5,799

Money-back accuracy

Guaranteed

Total starting from

₹5,799

Professional + estimated government fee

Professional fee₹5,799 starts with

Government fee (est.)₹1,000

Turnaround30 Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.

Eligibility & thresholds

Minimum

Individual, startup, or enterprise
Distinctive name, logo, or tagline
Specific Nice classification (Class 1-45)

Maximum

Multi-class filing permitted
Series & collective marks supported
10-year statutory validity per renewal

Statutory floor

50% Govt fee discount for MSME / DPIIT
Section 9 (absolute grounds) clear
Section 11 (relative similarity) clear

What's included

Everything in one transparent fee — no add-ons, no surprises.

Comprehensive TM Search

Deep search across phonetic and visual similarities in IP India trademark database.

Nice Class Specification

Accurate drafting of goods and services specifications under appropriate classes (1–45).

Form TM-A Filing

Official filing on the CGPDTM portal with instant TM application number generation.

Attorney Scrutiny

Formulation and verification by specialized intellectual property advocates.

Status Tracking & Alerts

Real-time tracking of examination reports, journal publication, and objections.

Certificate Issuance

Delivery of official registration certificate with 10-year exclusive legal protection.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Trademark Opposition in India Statutory Fee	₹1,000	Official government fee schedule (separate from professional fee)Statutory Authority
Total Government Fee	₹1,000	(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

›1. TM-O Notice of Opposition — paragraph-wise statement of grounds (s.9 absolute, s.11 relative, s.18 proprietorship, s.2(1) — Identity and statutory verification
›well-known mark, s.32 prior rights, or s.2(1) — Identity and statutory verification
›confusing similarity). 2. TM-48 authorisation of agent. 3. Proof of the opposer's mark (registration certificate, application extract, or use evidence if unregistered). 4. Statement of use of the opposer's mark (date of first use, turnover, advertising). 5. Affidavit verifying the contents of the notice of opposition (sworn before a notary) — Identity and statutory verification

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1-2 Days
(opposer) identifies a published mark in the Trade...
(opposer) identifies a published mark in the Trade Marks Journal that conflicts with their rights.
2
I-Pro⏱ 1-2 Days
reviews the opposer's prior rights, the applicant'...
reviews the opposer's prior rights, the applicant's mark, and the class specification.
3
I-Pro⏱ 1-2 Days
drafts the TM-O Notice of Opposition paragraph-wis...
drafts the TM-O Notice of Opposition paragraph-wise, citing specific grounds (s.9/s.11/s.18/s.32).
4
Customer⏱ 1-2 Days
signs TM-48; **I-Pro** uploads documents....
signs TM-48; **I-Pro** uploads documents.
5
I-Pro⏱ 1-2 Days
files TM-O on the IP India portal within 4 months ...
files TM-O on the IP India portal within 4 months of advertisement and pays the fee.
6
I-Pro⏱ 1-2 Days
serves a copy of the notice on the applicant, who ...
serves a copy of the notice on the applicant, who must file a counter-statement in Form TM-O within 2 months (Rule 37).
7
I-Pro⏱ 1-2 Days
files evidence in support of opposition by way of ...
files evidence in support of opposition by way of affidavit (Rule 39) within 2 months of the counter-statement.
8
I-Pro⏱ 1-2 Days
files evidence in support of application within 2 ...
files evidence in support of application within 2 months.
9
I-Pro⏱ 1-2 Days
may file evidence in reply within 1 month....
may file evidence in reply within 1 month.
10
I-Pro⏱ 1-2 Days
schedules a hearing under Rule 38 — both parties a...
schedules a hearing under Rule 38 — both parties are heard; order typically issued within 6–18 months after the hearing.

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
If the applicant fails to file a counter-statement Penalty: If the applicant fails to file a counter-statement within 2 months, the applicant is deemed to have abandoned the TM-A (Rule 37(3)) — application is treated as refused. If the opposer fails to file evidence in support, the opposition is deemed abandoned.	`Notice of opposition — within 4 months of advertis`	If the applicant fails to file a counter-statement within 2 months, the applicant is deemed to have abandoned the TM-A (Rule 37(3)) — application is treated as refused. If the opposer fails to file evidence in support, the opposition is deemed abandoned.

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
If the applicant fails to file a counter-statement	Notice of opposition — within 4 months of advertis	If the applicant fails to file a counter-statement within 2 months, the applicant is deemed to have abandoned the TM-A (Rule 37(3)) — application is treated as refused. If the opposer fails to file evidence in support, the opposition is deemed abandoned.

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Proposing a descriptive or generic brand name (Section 9 objection)
Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').
Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
2
Filing without a prior phonetic and visual trademark search
Why: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.
Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
3
Selecting incorrect Nice Class or vague goods specification
Why: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.
Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.

Frequently asked questions

Everything you need to know about this service.

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