Opposition is the stage where an earlier brand owner (or anyone) objects to your mark after it is advertised in the Trade Marks Journal. The deadlines here are strict and mostly cannot be extended. Here is what to do on either side of an opposition.
6 problems solvedFor brand owners, trademark attorneys and agentsLast reviewed: 5 October 2026
The two months to file the counter-statement have passed.
Why it happens
The two-month period is fixed by Section 21(2) of the Act itself, so the Registrar's general power to extend time does not apply to it. If no counter-statement is filed in time, the application is deemed abandoned.
How to fix it
Check whether and when the notice of opposition was actually served, because the period runs from receipt.
Take advice quickly on any remedy. If the application is treated as abandoned, consider a fresh application.
Avoid it next time
Diary the two-month deadline the day the notice arrives.
The counter-statement is filed, and you are unsure about the evidence steps.
Why it happens
After the counter-statement, the opponent files evidence in support of the opposition, the applicant files evidence in support of the application, and the opponent may file reply evidence, each within set periods.
How to fix it
Track each period from the date the other side's evidence is served.
File evidence by affidavit with documents: sales, advertising, invoices, first use, the market reality of the goods.
If the opponent neither files evidence nor tells the Registrar in writing, within two months, that it relies on its notice of opposition, the opposition is deemed abandoned. The same rule applies to you as applicant: if you file nothing within two months of receiving the opponent's evidence, your application is deemed abandoned. These periods cannot be extended.
Avoid it next time
Collect use evidence continuously, not only when an opposition arrives.
The mark was published in the Journal before being formally accepted.
Why it happens
The Registrar may advertise an application before acceptance where the mark faces a distinctiveness objection (Section 9(1)) or a conflict with an earlier mark (Section 11(1) or (2)), or in other exceptional circumstances. This lets others oppose it before a final decision.
How to fix it
Watch for oppositions during the four-month period.
If there is no opposition, the application proceeds towards registration, subject to any remaining conditions.
Avoid it next time
Respond quickly to every Registry communication so the application keeps moving.
Stuck on one of these right now? Send us the application number, the notice or a screenshot of the status. We will tell you the fix and the deadline, and file it for you if you want.
If your brand could only get one thing right, make it the trademark.
That is what we help you decide. Then we search it, file it, defend it, and keep it renewed for the next ten years — from Ahmedabad, for all of Gujarat.