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Trademark opposition in India: timeline and stages

How to stop a copycat mark during the four-month window, and how to defend your own.

Updated 21 Oct 2026 by Kinshuk Legal Consultants

Opposition proceedings let anyone object to a mark after it is advertised in the Trade Marks Journal. They are the cheapest way to stop a similar mark from being registered.

Stage 1: Notice of opposition

Filed within four months of the date of advertisement, on Form TM-O, with the official fee of ₹2,700 per class (e-filing). It states the grounds: similarity to the opponent's earlier mark, bad faith adoption, descriptiveness, and so on.

Stage 2: Counter-statement

The applicant must file a counter-statement within two months of receiving the notice. If they do not, the application is treated as abandoned.

Stage 3: Evidence

The opponent files evidence by affidavit, then the applicant, then the opponent may file evidence in reply. Each stage has a fixed time limit. Evidence typically includes sales figures, advertisement spend, invoices and registrations.

Stage 4: Hearing and decision

The Registrar hears both sides and decides whether the mark proceeds to registration.

Practical tips

  • Watch the Journal every week, or use a watch service, so you don't miss the four-month window.
  • Keep your evidence of use organised year by year.
  • An opposition can be filed even if your own mark is not registered, on the basis of prior use.

This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.