Form TM-O explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form TM-O is the form for opposing a trademark application that has been advertised in the Trade Marks Journal, and also the form in which the applicant answers with a counterstatement. The governing provisions are section 21 of the Trade Marks Act, 1999 and rules 42 to 51 of the Trade Marks Rules, 2017. Each step carries its own period, and several of those periods end in abandonment or dismissal. If you are opposing a mark, or defending your application, our trademark opposition team can prepare the papers and track the dates.
A notice of opposition under section 21(1) is filed in Form TM-O within four months from the date of publication of the Journal in which the application was advertised or re-advertised (rule 42(1)). The applicant's counterstatement is sent on Form TM-O within two months of receiving the notice (rule 44(1)). Evidence follows in stages of two months, two months and one month (rules 45 to 47). Missing the counterstatement or the first evidence step has stated consequences, set out below.
Form TM-O: more than one use
The Second Schedule lists Form TM-O for a notice of opposition under section 21(1), 64, 66 or 73; for an application for rectification of the register under sections 47 to 57, 68 or 77; for an application under rule 99, 135 or 140; and for an application under section 25 of the Geographical Indication of Goods Act, 1999 to invalidate a trademark, or the counter statement to it. All fall under entry 2 of the First Schedule. This article follows the section 21 opposition; for rectification, see rectification and removal of a trademark.
Step-by-step periods
The opposition clock starts from the Journal, not from filing; see publication in the Trade Marks Journal and the opposition period and section 21.
| Step | Who | Period as printed | Rule / section |
|---|---|---|---|
| Notice of opposition | Opponent | Within four months from the date of publication of the Journal in which the application was advertised or re-advertised | Rule 42(1) |
| Copy of notice served | Registrar | Ordinarily within three months of receipt | Rule 42(5) |
| Counterstatement | Applicant | Within two months from receipt of the copy of the notice | Rule 44(1); s.21(2) |
| Copy of counterstatement served | Registrar | Ordinarily within two months of receipt | Rule 44(1) |
| Evidence in support of opposition | Opponent | Within two months from service of the counterstatement | Rule 45(1) |
| Evidence in support of application | Applicant | Within two months of receiving the opponent's affidavits or intimation | Rule 46(1) |
| Evidence in reply | Opponent | Within one month of receiving the applicant's affidavit | Rule 47 |
| First hearing date | Registrar | At least one month after the first notice | Rule 50(1) |
What the notice must contain
Rule 43(1) (see rule 43: requirements of the notice) lists the application number, goods or services and applicant's name; details of the earlier trademark or right relied on, including a representation of it and the goods or services on which the opposition is based; details of the opposing party; and the grounds of opposition. The notice is verified at the foot by the opponent or a duly authorised agent, by reference to numbered paragraphs, signed with date and place (rule 43(2) to (4)). The counterstatement sets out which facts alleged are admitted and is verified the same way (rule 44).
Fee as notified in 2017
Entry 2 of the First Schedule charges the fee for each class opposed or counterstatement filed (rule 42(2) also requires a fee for each class opposed).
| Item | Physical filing | E-filing |
|---|---|---|
| Notice of opposition, or counterstatement, for each class | Rs. 3,000 | Rs. 2,700 |
These are the amounts as notified in 2017; check the current Schedule. A document filed without fee or with insufficient fee is deemed not filed (rule 10(5)).
Can the periods be extended?
Read the Act and the rules separately.
- Notice of opposition. Rule 42(1) prints four months and no provision for extending it. Section 21(1), as substituted by the Trade Marks (Amendment) Act, 2010, also says any person may give notice of opposition within four months from the date of the advertisement or re-advertisement, and prints no further period. Before that substitution the section gave three months plus a further period of up to one month allowed by the Registrar; older notes that mention an extension are describing that earlier text.
- Counterstatement. Rule 44(1) prints two months and no provision for extending it. Section 21(2) also fixes two months and says the applicant who does not send it is deemed to have abandoned the application.
- General power. Rule 109 provides for an application in Form TM-M for extension of time under section 131, capped at one month, but it excludes a time expressly provided in the Act and a time for which the rules make provision. Section 131(1) also excludes a time expressly provided in the Act. Whether a given period qualifies must be settled before relying on it.
- Evidence. Rule 48 says no further evidence shall be left on either side, but the Registrar may at any time give leave on such terms as to costs or otherwise as he thinks fit.
Consequences of default
Hearing and decision are in rules 49 to 51.
- Opponent takes no step on evidence under rule 45(1) within two months: deemed to have abandoned the opposition (rule 45(2)).
- Applicant takes no step under rule 46(1) within two months: deemed to have abandoned the application (rule 46(2)).
- Applicant absent at the adjourned hearing: the application may be treated as abandoned (rule 50(3)). Opponent absent: the opposition may be dismissed for want of prosecution and the application may proceed to registration, subject to section 19 (rule 50(4)).
- Adjournments: by Form TM-M at least three days before the hearing; not more than two per party, each not exceeding thirty days (rule 50(2)).
Multi-class applications and other points
If the opposition covers only some classes of a single application, the other classes do not proceed to registration until the applicant requests division in Form TM-M with the divisional fee (rule 42(3)). A document in a language other than Hindi or English needs an attested translation (rule 49). Security for costs may be required from a party who neither resides nor carries on business in India (section 21(6); rule 51).
Common mistakes
- Counting the opposition period from the date the application was filed rather than the Journal publication date (rule 42(1)).
- Filing a notice that names no ground or gives no details of the earlier right (rule 43(1)).
- Treating the counterstatement as optional; section 21(2) deems the application abandoned without it.
Need help with an opposition?
The grounds in the notice and the evidence that follows decide the outcome. Our trademark opposition service prepares the notice or the counterstatement, tracks every period above and appears at the hearing.
Key takeaways
- Form TM-O serves both the notice of opposition and the counterstatement.
- The notice runs four months from the Journal publication date (rule 42(1)).
- The counterstatement runs two months from receipt of the notice (rule 44(1)).
- Default on counterstatement or evidence leads to abandonment (section 21(2); rules 45(2), 46(2)).
- Fees are per class under entry 2 of the First Schedule; check the current Schedule.
Read next
- Rule 42: notice of opposition
- Rule 44: counterstatement
- Rules 45 to 48: evidence in opposition, reply and further evidence
- Section 21: opposition to registration
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, and the Trade Marks Act, 1999, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form on the IP India portal. This article is general information, not legal advice.