Trademark Opposition & Rectification

A trademark opposition is a challenge to an application after it has been accepted and advertised in the Trade Marks Journal. Anyone may file a notice of opposition within four months of the advertisement, and the applicant must file a counter-statement within two months of receiving it or the application is treated as abandoned.

Rectification is the separate procedure for a mark that is already registered. Under sections 47 and 57 of the Trade Marks Act, 1999, a registration can be removed or varied, for example because the mark has not been used for five years or should not have been registered in the first place.

When you need it

  • When a similar mark is advertised

    A business that finds a conflicting mark in the Trade Marks Journal has four months to oppose it. After that the mark proceeds to registration.

  • When your application is opposed

    The status changes to “Opposed” and the Registry serves the notice. The two-month period for the counter-statement cannot be extended.

  • When an unused mark blocks yours

    A registered mark that has not been used for a continuous period of five years can be removed for non-use.

  • When a mark was registered in bad faith

    A former distributor, agent or employee who registers a brand in their own name can be challenged through rectification.

  • When a settlement is possible

    Many oppositions end in a coexistence agreement, with each side limiting its goods, services or the way it uses the mark.

How the process works

Five stages, set by the Trade Marks Rules, 2017. The periods for the notice and the counter-statement are fixed by the Act.

  1. 1

    Notice of opposition

    Within four months of advertisement

    The opponent files a notice setting out the grounds, such as similarity to an earlier mark, lack of distinctiveness, prior use or bad faith. The Registry serves a copy on the applicant.

    Documents

    • Details of the opponent’s earlier mark and its use
    • The journal entry for the opposed application
  2. 2

    Counter-statement

    Within two months of receiving the notice

    The applicant files a counter-statement answering each ground and stating the facts it relies on. If none is filed in time, the application is deemed abandoned.

  3. 3

    Evidence

    Two months for each side, then one month for a reply

    The opponent files evidence by affidavit in support of the opposition, the applicant files evidence in support of the application, and the opponent may file evidence in reply. Each step has its own time limit under the Rules.

    Documents

    • Affidavits of use
    • Invoices, advertisements and sales figures
    • Evidence of reputation, where relied on
  4. 4

    Hearing

    Set by the Registry

    The Registrar fixes a hearing, considers the pleadings, the evidence and the arguments, and decides whether the mark should be registered, registered with conditions or refused.

  5. 5

    Decision and appeal

    An appeal is to be filed within three months of the decision

    The Registrar gives a written decision. A party who disagrees can appeal to the High Court under section 91 of the Act.

Common questions

Section 21 of the Act says “any person” may oppose. The opponent does not need to own a registered mark, although most oppositions are filed by the owner of an earlier mark or by a business that uses a similar name.

In InsightsHow long does trademark registration take in India, and what slows it down?

To discuss an opposition or rectification, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 7 October 2026.