Trademark opposition: file one, or defend your mark
Anyone can oppose an advertised trademark within four months of its publication in the Trade Marks Journal. An opposed applicant must file a counter-statement within two months of receiving the notice, or the application is treated as abandoned.
Reviewed by CS Prashant Kumar · Last reviewed 5 Nov 2026
Frequently asked questions
How long do I have to oppose a trademark in India?
Four months from the date the mark is advertised in the Trade Marks Journal. The period cannot be extended, so note the Journal date as soon as you spot the mark.
What happens if I don’t file a counter-statement?
If the applicant does not file a counter-statement within two months of receiving the notice of opposition, the application is treated as abandoned under section 21(2) of the Trade Marks Act, 1999.
Who can oppose a trademark application?
Any person can file a notice of opposition. In practice it is usually the owner of an earlier similar mark, or a business that already uses one.
Can an opposition be settled?
Yes. Parties often settle by agreement, for example by limiting the goods or services or agreeing how the marks are used, and the opposition is then withdrawn.
How do I find out if someone applied for a similar mark?
Check the Trade Marks Journal regularly, or use a trademark watch service that alerts you to similar marks before the four-month window closes.
Can I oppose a mark after the four months have passed?
No. Once the window closes, the route is an action to remove or rectify the mark after registration, which is a separate proceeding.
Do I need a registered trademark to oppose?
No. Earlier use of an unregistered mark can support an opposition, backed by dated evidence of that use.