How Long Do You Have to Respond to a Trademark Opposition in India?

Under Rule 44 of the Trade Marks Rules, 2017, an applicant generally has two months from receipt of the copy of the notice of opposition to file a counterstatement in Form TM-O. The deadline is different from the four-month period available to an opponent to file the initial opposition.

What Is the Trademark Opposition Reply Deadline?

The applicant’s response to a trademark opposition is called a counterstatement.

Rule 44 states that the counterstatement must be sent in Form TM-O within two months from receipt by the applicant of the copy of the notice of opposition.

This means the applicant should not calculate the deadline simply from the date the trademark was published in the Journal.

The relevant event for the counterstatement is receipt of the opposition notice copy.

Trademark Opposition Timeline

A simplified sequence is:

Trademark published → Opposition filed → Notice served → Counterstatement → Evidence → Hearing → Decision

Rule 42 provides four months from Journal publication for filing the opposition. Rule 44 then provides two months from receipt of the opposition copy for the applicant’s counterstatement.

What Should You Do After Receiving the Notice?

If you receive a trademark opposition:

1. Note the date of receipt.
2. Check the application number.
3. Read the grounds of opposition carefully.
4. Identify the goods or services being challenged.
5. Check the counterstatement deadline.
6. Collect relevant trademark and business records.
7. Prepare the response based on the facts and applicable law.

What Happens If You Miss the Deadline?

The opposition procedure has consequences for failure to act. For example, Rule 46 provides that if the applicant takes no action within the specified evidence period, the application may be deemed abandoned.

Because different stages have different deadlines, businesses should track each communication from the Trade Marks Registry carefully.

FAQs

Is the opposition reply deadline four months?
No. Four months relates to the filing of the notice of opposition after Journal publication. The applicant’s counterstatement is generally due within two months of receiving the opposition notice.

What is the response called?
A counterstatement.

Which form is used?
Form TM-O.