Chapter III - Procedure for and Duration of Registration
Section 21
Section 21: opposition to trade mark registration
After a trade mark application is advertised or re-advertised, any person may oppose its registration within four months. The applicant then has a separate two-month period after receiving the notice to file a counterstatement; missing it results in deemed abandonment.
On this page
Need advice on Section 21?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.
(4) Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not.
(6) Where a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned.
(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just.
Introduction
The Trade Marks (Amendment) Act, 2010 substituted subsection (1), effective 8 July 2013. The older three-month period with a discretionary extra month still appears on an IP India legacy Act HTML page; the current Act and Rule 42 instead use a single four-month window. Rules 42–50 supply the form and procedural timetable.
Key takeaways
Four months from publication
Any person may file a notice of opposition within four months from advertisement or re-advertisement; Rule 42 uses Form TM-O.
Two months for the applicant
After receiving the notice from the Registrar, the applicant must send a counterstatement within two months or the application is deemed abandoned.
Evidence and hearing follow
Rules 45–50 govern evidence rounds and hearing. The Registrar may consider an objection even if the opponent did not rely on it.
Check the Journal date and classes
Identify the actual Journal in which the application was advertised or re-advertised. Rule 42 measures four months from that publication and requires a fee for each opposed class in a multi-class application.
File a complete opposition notice
Use Form TM-O with the application details, earlier mark or right, opponent particulars and grounds required by Rule 43. Preserve filing evidence and the Journal reference.
Respond to the notice promptly
For the applicant, the two months under subsection (2) begin on receipt of the copy served by the Registrar. Rule 44 prescribes Form TM-O for the counterstatement. Silence carries the statutory consequence of deemed abandonment.
Run the evidence and decision stages
Rules 45–47 set separate evidence rounds. The Registrar may hear the parties and decide whether registration proceeds and with what conditions. Record each service and response date rather than assuming a single general deadline.
Official sources
Practical checklist
Do
- Record the Journal publication date and the relevant opposed classes.
- Use current Form TM-O and the class-based official fee schedule.
- For an applicant, docket two months from receipt of the Registrar-served notice.
- Calendar each later evidence stage under Rules 45–47 separately.
Avoid
- Do not rely on the superseded three-plus-one-month wording shown by the legacy Act page.
- Do not treat filing an opposition as a final refusal of the mark.
- Do not let a counterstatement deadline pass while negotiating privately.
Glossary
- Opposition
- A third party's formal challenge to registration after advertisement of an application.
- Counterstatement
- The applicant's prescribed response to the notice of opposition.
- Trade Marks Journal
- The official publication used to advertise applications and start the opposition period.
Frequently asked questions
How long is the current opposition period?
Four months from the date of advertisement or re-advertisement under amended Section 21(1) and Rule 42; the older three-plus-one-month text is superseded.
Who may oppose?
Section 21(1) says any person may give notice in the prescribed manner and on payment of the prescribed fee.
What if the applicant does not file a counterstatement?
Section 21(2) deems the application abandoned if no prescribed counterstatement is sent within two months of receiving the notice copy.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026