AS | Ankit Sarawagi|Founder, CFOmatrix·June 2026·11 min read | Updated Jun 2026 |
- An objection comes from the Registry’s Examiner during examination; an opposition comes from a third party after your mark is published in the Trade Marks Journal.
- A third party has a 4-month opposition window from publication to file a notice of opposition on Form TM-O.
- Opposition runs in stages: notice, counter-statement, evidence by affidavit, hearing, decision. Miss the counter-statement deadline and your application is treated as abandoned.
- If your mark is refused, you can appeal the Registrar’s decision to the relevant High Court. The IPAB was abolished by the Tribunals Reforms Act, 2021, so appeals no longer go to the IPAB.
- You can keep using the TM symbol throughout opposition; the R symbol is only allowed once the mark is actually registered.
| 4 months Opposition window after the mark is published in the Journal | TM-O The form a third party files to oppose, and that you reply to | High Court Where appeals now go (the IPAB was abolished in 2021) |
Objection vs Opposition: Two Different Hurdles
The two words sound alike, but they are different stages with different opponents. An objection is raised by the Trade Marks Registry’s own Examiner during examination, usually on absolute grounds under Section 9 (the mark is descriptive or non-distinctive) or relative grounds under Section 11 (it conflicts with an earlier mark). An opposition is filed by a third party, after your mark clears examination and is published in the Trade Marks Journal.
In short: the objection comes from inside the Registry; the opposition comes from outside. You can face one, both or neither. A mark that sails through examination with no objection can still be opposed by a competitor, and a mark that survived an objection can still face opposition.
| Objection | Opposition | |
|---|---|---|
| Raised by | The Registry’s Examiner | A third party (often a competitor) |
| When | During examination (Examination Report) | After publication in the Journal |
| You respond via | Reply to Examination Report (30 days) | Counter-statement on Form TM-O |
| Typical grounds | Sections 9 and 11 of the Act | Similar earlier marks, bad faith, no distinctiveness |
Getting past examination is not the finish line. Publication in the Trade Marks Journal opens a fresh 4-month window in which anyone can oppose. Treat publication as the start of a waiting period, not the end of the process.
What Is Trademark Opposition?
Trademark opposition is when a third party formally objects to your mark after it is published in the Trade Marks Journal. They file a notice of opposition on Form TM-O within the 4-month opposition window. The opposition then runs as a quasi-judicial proceeding before the Registry: both sides file pleadings and evidence, a hearing is held, and the Registrar decides whether your mark proceeds to registration or is refused.
Common grounds an opponent raises include that your mark is identical or deceptively similar to their earlier mark, that it lacks distinctiveness, that it was filed in bad faith, or that it would cause confusion among consumers. The burden is on both sides to make their case on evidence, not just assertion.
O for Opposition, O for Outsider, TM-O for the form. An opposition is always from someone outside the Registry, and it is always filed and answered on Form TM-O.
The Opposition Process, Step by Step
If your mark is opposed, the proceeding follows a set sequence. The deadlines matter: missing the counter-statement deadline means your application is treated as abandoned, so this is the stage to act quickly and get professional help.
| Notice of opposition (Form TM-O) |
A third party files Form TM-O within the 4-month window after publication, setting out the grounds on which they oppose your mark. The Registry serves a copy on you (the applicant).
| Counter-statement |
You file a counter-statement replying to the grounds, within the time allowed by the Trade Marks Rules, 2017. If you do not file it in time, your application is treated as abandoned and the opposition effectively ends in the opponent’s favour.
| Evidence by affidavit |
Both sides file evidence on affidavit in support of their case (the opponent first, then the applicant, then any evidence in reply). This is where prior use, sales figures, marketing spend and consumer confusion are proved.
| Hearing and decision |
A hearing is held before a Hearing Officer at the Registry. After hearing both sides, the Registrar decides whether to allow the mark to proceed to registration or to refuse it. If you win, your mark proceeds to registration and a certificate issues, valid for 10 years.
Not every opposition has to be fought to the end. Many resolve through a coexistence agreement, an amendment to your goods or services, or a withdrawal by one side. Budget for the legal time, but also keep a settlement option on the table, especially if the brand value at stake is modest.
What Happens if Your Mark Is Refused
A trademark can be refused by the Registrar at more than one point: after an examination objection that is not answered satisfactorily, after a show-cause hearing on that objection, or after an opposition you do not win. Refusal means the mark will not be registered as filed, but it is not always the end of the road.
Your practical options after a refusal are:
- Ask for the grounds in writing. You can request the Registrar’s grounds of refusal and the materials used. You need these to decide whether to appeal.
- Appeal to the relevant High Court. You can challenge the Registrar’s decision before the High Court that has jurisdiction (more on this below).
- Re-file a fresh, amended application. Sometimes the cleaner route is a new application with a tweaked mark, narrower goods or services, or better evidence of distinctiveness, rather than an appeal.
Refusal does not strip you of your common-law rights in an unregistered mark you are actually using. You can still rely on the law of passing off and keep using the TM symbol. What you lose is the easier, statutory protection that registration gives, so a refusal is worth taking seriously.
Appeals Now Go to the High Court, Not the IPAB
Appeals against the Registrar of Trade Marks now go to the relevant High Court, specifically its Intellectual Property Division where one has been set up. This is a change founders often get wrong: the Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms Act, 2021. The IPAB no longer exists and no longer hears trademark appeals, so any older article telling you to appeal to the IPAB is out of date.
In practice that means if your mark is refused, or you lose an opposition and want to challenge it, you file your appeal before the High Court with jurisdiction over the matter, within the limitation period that applies. Several High Courts (for example Delhi) have dedicated IP Divisions with their own rules for these matters.
IPAB is gone. Appeals go to the High Court. Since 2021, the High Court (its IP Division where one exists) is the appeal forum for the Registrar’s trademark decisions.
How Long It Takes and What It Costs
An unopposed application that clears examination typically registers in about 6 to 18 months. An opposition adds substantially to that: a contested opposition can take 2 years or more from the notice of opposition to the Registrar’s decision, because of the pleadings, evidence and hearing stages. An appeal to the High Court adds further time on top.
On cost, the government filing fees (including the fee for Form TM-O) are set by the Trade Marks Rules, 2017 and should be checked on ipindia.gov.in, as they change. The bigger number is professional fees: drafting the counter-statement, preparing evidence affidavits and attending the hearing can run from tens of thousands to a few lakh rupees depending on complexity and how far the matter goes.
| Outcome | Rough timeline |
|---|---|
| No objection, no opposition | About 6 to 18 months to registration |
| With objection or opposition | 2 years or more |
| Refusal, then appeal to High Court | Add further time for the court process |
Founder Watch-Outs
Most opposition and refusal damage is self-inflicted through missed deadlines or wrong assumptions. Keep these in mind.
- The counter-statement deadline is fatal. Miss it and your application is treated as abandoned. The moment you receive a notice of opposition, calendar the deadline and get help.
- Watch your published mark. Once published, your mark sits in the Journal for 4 months. If you are not monitoring it, you may not even know an opposition has been filed until a deadline has passed.
- Do not use the R symbol while opposed. Your mark is not registered until the process ends in your favour. Using the (R) symbol before registration is an offence; stick to TM throughout.
- Do not rely on outdated IPAB advice. The IPAB was abolished in 2021. Appeals now go to the relevant High Court, so verify the current forum and limitation period before acting.
- Evidence wins oppositions. Prior use, sales, invoices and marketing proof carry more weight than arguments. Keep dated records of your brand use from day one.
“An opposition is rarely lost on the merits. It is lost on a missed counter-statement deadline, or on weak records of how the brand was actually used. Both are fixable before the dispute ever starts.”
Ankit Sarawagi, CFOmatrixFrequently Asked Questions
What is trademark opposition in India?
Trademark opposition is when a third party formally objects to your mark after it is published in the Trade Marks Journal. They file a notice of opposition on Form TM-O within the 4-month opposition window. You then file a counter-statement, both sides file evidence by affidavit, a hearing is held, and the Registrar decides whether the mark proceeds to registration or is refused. Opposition is different from an objection, which is raised by the Registry’s own Examiner during examination.
What is the difference between a trademark objection and an opposition?
An objection is raised by the Registry’s Examiner in the Examination Report, usually on absolute grounds under Section 9 or relative grounds under Section 11 of the Trade Marks Act, 1999, and you reply within 30 days. An opposition is filed by a third party on Form TM-O after the mark is published in the Trade Marks Journal, during the 4-month opposition window. Objection comes from inside the Registry; opposition comes from outside.
How long is the trademark opposition window in India?
The opposition window is 4 months from the date the mark is published in the Trade Marks Journal. Any third party can file a notice of opposition on Form TM-O within this period. If no opposition is filed, or you win the opposition, the mark proceeds to registration and a certificate is issued, valid for 10 years.
What happens if my trademark is refused in India?
A trademark can be refused by the Registrar after an examination objection that is not satisfactorily answered, after a show-cause hearing, or after an opposition you do not win. If your mark is refused you can request the grounds of refusal in writing, and you can appeal the Registrar’s decision to the relevant High Court within the prescribed time. You can also re-file a fresh, amended application if that is the better route.
Where do trademark appeals go in India now?
Appeals against the Registrar of Trade Marks now go to the relevant High Court, specifically its Intellectual Property Division where one exists. The Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms Act, 2021, so appeals no longer go to the IPAB. Check the limitation period and procedure of the High Court that has jurisdiction over your matter.
How much does a trademark opposition cost in India?
The government fee to file a notice of opposition on Form TM-O is set by the Trade Marks Rules, 2017 and should be verified on ipindia.gov.in. Beyond the government fee, the real cost of an opposition is professional fees for drafting the counter-statement, preparing evidence affidavits and attending the hearing, which can run from tens of thousands to a few lakh rupees depending on complexity and how long the matter runs.
Can I still use the TM symbol if my trademark is opposed?
Yes. You can use the TM symbol from the date you file your application and throughout examination and opposition, because TM only claims that you assert rights over the mark. You can only use the R symbol (the registered symbol) after the mark is actually registered. Using the R symbol before registration is an offence, so during an opposition you must stick to TM.
This article is general information for Indian founders, not legal advice. Trademark procedure, deadlines and government fees are set by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 and can change. Verify current forms, fees and timelines on the official site ipindia.gov.in and consult a qualified trademark attorney about your specific matter.
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AS | Founder, CFOmatrix | Finance Strategy & Equity Compliance CFOmatrix is a knowledge platform focused on how finance actually works inside growing companies. Every insight is shaped by real operating experience across startups and growth-stage companies, including cross-border setups. |