Are the evidence deadlines fixed too?

Plan as if they are. The Delhi and Madras High Courts hold that the 2017 Rules allow no extension (Sun Pharma v. Dabur, 2024). The Bombay High Court took a softer view in June 2026. Until the Supreme Court decides, we file on time.

My application shows Abandoned, but we never got a notice. What now?

Act fast. If the Registry cannot prove service, the courts have set such orders aside. In 2023 the Registry itself withdrew about 8,000 abandonment orders for this reason.

How much is the official fee for the counter-statement?

INR 2,700 per class when filed online, or INR 3,000 on paper. The fee is the same for every applicant.

What if my side misses the hearing?

If the applicant is absent at the adjourned hearing, the Registrar may treat the application as abandoned. An absent opponent risks dismissal of the opposition.

Can we add new evidence later?

Only with the Registrar's leave. Rule 48 bars further evidence unless the Registrar allows it, on terms as to costs.

Does an owner outside India need a local address?

Yes. Every party must give an address for service in India with a valid email. Without one, the Registry need not send notices.

How long do I have to respond to an India Notice of Opposition?

Your counter-statement is due 2 months from receiving the notice of opposition from the Registrar. If it is not filed in time, the Trade Marks Act treats your application as abandoned. Evidence rounds then follow on set deadlines of 2 months for each side, and 1 month for the opponent's reply evidence.

Opposition defence · IP India

Your Indian trademark was opposed. Defend it in time.

You have two months to file a counter-statement. Miss it and the application is treated as abandoned.

Defend My Mark

Questions first? Ask our attorney.

Defence from $400, confirmed in writing after a free review.

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10+ years

Top IP Consultancy for E-Commerce, IIPLA 2026Upwork · Top Rated Plus

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Before you start

Is this your situation?

Your application was opposedWe file your counter-statement with IP India, then handle the evidence and the hearing.Defend My Mark
Your Madrid mark covers IndiaSame defence. The notice comes through WIPO, but the reply still goes to IP India.Defend My Mark
You want to stop another markFile your own opposition within 4 months of the mark's publication.See Opposition Filing

How pricing works

A flat fee, agreed before any work.

1
Free review

Send the notice. Our attorney reads the grounds and tells you where you stand.
2
A fixed price in writing

Defence starts from $400. You get the fixed price for your reply before any work begins. Later rounds are quoted the same way.
3
Office fees at cost

Any IPIndia fees are passed through at cost, itemised before you pay.

The first flat fee covers

Notice of Opposition triage. Read the grounds, identify the senior right, scope the defence
Cooling-off period management (where IPIndia Registrar (appeals to the High Court under section 91) allows). Explore coexistence
Answer / Counter-Statement drafted to the tribunal's pleading rules
Evidence package: use specimens, market data, prior-registration certificates, expert declarations
Tribunal filing via the IPIndia portal with deadline management
Adverse-decision strategy: appeal to appeals to the High Court under section 91 if needed

Know the rules

How oppositions run in India.

Office fee per class, filed online: ₹2,700
On the 2-month counter-statement deadline: No extension
Of evidence, filed by affidavit: 3 rounds
How hearings usually run: By video

1

Notice is served

By email or post. The law sets no time, so we watch the online record.
2

File the counter-statement

On Form TM-O, saying which of the opponent's facts you admit.
3

Evidence rounds

By affidavit: the opponent, then you, then the opponent's reply.
4

Hearing and decision

Usually by video. The Registrar then decides in writing.

Key dates

2 months

Counter-statement due
+2 months

Opponent's evidence
+2 months

Your evidence
+1 month

Opponent's reply evidence
1 month notice

Hearing, usually by video
3 months

Appeal to the High Court

Your deadlines

Your situation

Date of the email with the notice

Count from the email date. A court counts from actual receipt, but proving late receipt means a court fight.

Pick a date to see your own deadlines.

What you need

Counter-statement on Form TM-O
Form TM-M and an Indian address for service
Evidence affidavit: use, sales, advertising
Translations of non-English documents

Common mistake

Missing the counter-statement

There is no extension. The application is treated as abandoned.

Common mistake

Counting from the wrong day

Treat the email date as day one. Arguing late receipt means a court fight.

Grounds an opponent can use

§11(1) Likelihood of confusion with earlier mark
§11(2) Well-known marks
§9 Absolute grounds, descriptiveness / lack of distinctiveness

Official sources (4)

The team on your file

Your attorney, and a team behind every step.

Our attorney drafts and files your counter-statement and evidence with IP India. Your account team tracks every deadline.

Your Account Manager

Your day-to-day contact. Knows your file, so every conversation starts where the last one ended.
Your Senior Account Manager

Senior oversight on strategy and anything that escalates, so nothing important slips.

Lead attorney

Rajatpreet Singh Modi

Founder & Attorney

India-licensed advocate

View profile

The wider GTC team

Attorneys and legal specialists supporting your matter.

Meet our team

In their words

Rajat has expertly guided me through the process of registering my company in the USA, Canada, UK, Australia, New Zealand, and more. Currently, he is safeguarding my business interests on a global scale. His dedication and expertise are unmatched.

Darius Tay, Indonesia

ExcellentTrustpilot

Indian opposition questions

What owners ask when a mark is opposed.

No. Section 21(2) sets 2 months from receipt of the notice and allows no extension. After that, the application is treated as abandoned. You need not wait for the letter: a counter-statement can be filed from the online record.