Rule 48 Further Evidence Leave Request Draft

Opposition and counterstatement

Ask the Registrar for leave under Rule 48 to put specific additional evidence on record after the normal evidence stages have closed.

Legal references checked: 14 October 2026

When further evidence may be allowed

Rules 45 to 47 set the normal evidence stages in an opposition. After them, Rule 48 bars further evidence from either side unless the Registrar gives leave, which may be granted at any time and on terms as to costs or otherwise. A persuasive request names the exact evidence, links it to a pleaded issue, explains with dates why it could not be filed at the right stage, and shows that the other side can respond fairly. Attach the proposed affidavit in final form. The same rule applies in rectification proceedings, because Rule 98 applies Rules 46 to 51 to them with the necessary changes.

Filing period and procedure

No fixed period applies, because Rule 48 allows leave at any time, but apply promptly once the need arises and, where possible, before the hearing. Rule 48 names no form; the Second Schedule lists Form TM-M for a petition for the Registrar's order on an interlocutory matter in a contested proceeding, so confirm the current e-filing option and fee.

Before you prepare the draft

Facts to confirm

Dates of the notice of opposition, the counterstatement and each evidence filing or intimation
Whether a hearing has been notified, and its date
The pleaded issue the new evidence relates to, by paragraph
When and how the evidence became available, and why it was not filed earlier
Whether the other party consents or objects

Evidence to keep ready

Proposed affidavit, executed as Rule 120 requires, with exhibits
Records showing when the evidence was created, found or obtained
Copies of the pleadings and evidence paragraphs the request refers to
Attested Hindi or English translations of documents in any other language (Rule 49)
Proof of delivery of the request to the other party

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

Before the Registrar of Trade Marks
Opposition No. [number] to Application No. [number], Class [class]
Mark: [mark]
Applicant: [legal name]
Opponent: [legal name]
Request by the [opponent/applicant] for leave to file further evidence under Rule 48

1. The [opponent/applicant] is represented by [name and capacity]. The record of this opposition is: notice of opposition dated [date]; counterstatement dated [date]; opponent's evidence or intimation under Rule 45 dated [date]; applicant's evidence or intimation under Rule 46 dated [date]; reply evidence under Rule 47 dated [date/none filed]. [The hearing is fixed for (date)./No hearing has been notified.]

2. The [requesting party] seeks leave to file [the affidavit of (name, capacity) dated (date)/the documents listed in the schedule below]. The proposed evidence is annexed as Annexure [A], so that its exact content is before the Registrar and the other party.

3. The proposed evidence relates to [the specific issue], which is pleaded in paragraph [number] of the [notice of opposition/counterstatement]. It shows [briefly, what each document proves]. It does not raise any ground or defence that is not already pleaded.

4. The evidence was not filed at the proper stage because [state the true reason, for example: the documents came into existence after (date); they were located on (date) despite a search of (records) made on (date); they answer new matter in paragraph (number) of the Rule 47 reply affidavit, which goes beyond strict reply; the earlier deponent (left the organisation/died) on (date)]. The [requesting party] has acted promptly since [event] on [date].

5. [OPTIONAL—omit unless supported:] The facts in paragraph 4 are supported by the affidavit of [name] annexed as Annexure [B].

6. Allowing the evidence will not cause unfair prejudice, because [reason]. The [requesting party] has no objection to the [other party] being permitted to file evidence strictly in answer, within a period fixed by the Registrar and on any terms as to costs that the Registrar considers fit. This request is not made for delay.

7. [OPTIONAL—omit unless supported:] The [other party] was informed of this request on [date] by [mode] and [consents/objects for the reasons in its letter dated (date)/has not replied].

8. The [requesting party] requests that the Registrar (a) grant leave under Rule 48 to take the proposed evidence on record [as annexed/within a period fixed by the Registrar]; (b) fix such terms as to costs or otherwise as the Registrar thinks fit; and (c) give any directions needed for the other party's response and the hearing.

9. A copy of this request and of the proposed evidence, including exhibits, was delivered to the [other party] at its address for service on [date] by [mode]. [OPTIONAL—omit unless applicable:] Attested translations into [Hindi/English] of documents in other languages are annexed, as Rule 49 requires.

Schedule of proposed evidence: [number, description, date and pages]
[Name, capacity, signature, date and address for service]

Check before filing

Leave under Rule 48 is discretionary and is not a routine extra round of evidence. A request is weak if the material was available earlier or only repeats or strengthens evidence already filed. Explain any delay honestly, with dates, instead of general statements. If the other side's Rule 47 affidavit went beyond reply, identify the exact paragraphs.

Keep the evidence within the pleaded grounds and defences. Amending a notice of opposition or counterstatement is a separate request under Section 21(7), which this framework does not cover. In rectification proceedings, adapt the party names and stage references, because Rule 98 applies the evidence rules to them with the necessary changes.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 21(4) and (7) (evidence in the prescribed manner and time; amendment of pleadings)
Trade Marks Act, 1999: Section 127(a) and (b) (Registrar's powers on evidence and costs)
Trade Marks Rules, 2017: Rule 48 (further evidence with leave)
Trade Marks Rules, 2017: Rules 45 to 47, 49 and 120 (evidence stages, translations and affidavits)
Trade Marks Rules, 2017: Rule 98 and the Second Schedule (rectification; Form TM-M)

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Request for leave to file further evidence in an opposition