Rule 42 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.
Rule 42 sets the time, form and fee for opposing a trademark application. A notice of opposition 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. The fee is per class opposed. If only some classes of a multi-class application are opposed, the rest cannot proceed to registration until the application is divided. Anyone planning a trademark opposition should treat this as the first rule to read.
File Form TM-O within four months from the date of publication of the Journal in which the application was advertised or re-advertised, with the particulars required by rule 43 (rule 42(1)). The fee is for each class opposed (rule 42(2)). If the opposition covers only some classes, the other classes do not proceed to registration until the applicant requests division in Form TM-M with the divisional fee (rule 42(3)). The Registrar ordinarily serves a copy on the applicant within three months of receipt (rule 42(5)).
Sub-rule (1): the notice and the four months
"A notice of opposition to the registration of a trademark under sub-section (1) of section 21, with such particulars as specified in Rule 43, shall be filed in form TM-O within four months from the date of publication of the trademark journal in which the application for registration of the trademark was advertised or re advertised."
| Element | Text |
|---|---|
| Basis | Section 21(1) of the Act |
| Form | TM-O |
| Content | The particulars specified in rule 43 |
| Time | Four months from the date of publication of the Journal in which the application was advertised or re-advertised |
| Fee | As notified in 2017 (check the current Schedule), entry 2: Rs 3,000 (physical) or Rs 2,700 (e-filing), for each class opposed |
Points to read carefully:
- The clock starts from the date of publication of the Journal, not from the date you learn of the mark. Rule 41 lets any person ask the Registrar on Form TM-M for the number and date of the Journal.
- Re-advertisement restarts the reference. The rule says "advertised or re advertised", so for an application re-advertised under rule 40, the relevant Journal is the one of the re-advertisement.
- The rule names no extension. Rule 109 deals with extension of time generally, but the text read for this article does not say whether it applies to the four months, which also stem from section 21(1). Check the Act and rule 109 before assuming extra time.
- Entry 2 also covers counterstatements, rectification applications under several sections and other matters. For opposition, the amount is per class opposed.
The Second Schedule lists Form TM-O for section 21, 21(1) and rules 99, 105, 130 and 136, among others. The Form's content is dealt with in rule 43.
Sub-rule (2): fee per class
"Where a notice of opposition has been filed in respect of a single application for the registration of a trademark for different classes of goods and services, it shall bear the fee in respect of each class in relation to which the opposition is filed."
So an opponent opposing in two classes pays two class fees. Opposing only one class costs one. The fee follows the classes opposed, not the classes in the application.
Sub-rule (3): partial opposition and division
"Where an opposition is filed only for a particular class or classes in respect of a single application made under sub-section (2) of section 18, the application for remaining class or classes shall not proceed to registration until a request in Form TM-M for division of the application together with the divisional fee is made by the applicant."
This protects the unopposed classes from being held up only if the applicant acts. Until the applicant files Form TM-M with the divisional fee (entry 14 in the First Schedule, per rule 2(1)(i); as notified in 2017, Rs 2,000 physical or Rs 1,800 e-filing; check the current Schedule), the other classes wait. The text puts the burden on the applicant to request division.
Sub-rule (4): unopposed classes proceed after division
"Where in respect of a single application for the registration of a trademark no notice of opposition is filed in a class or classes, the application in respect of such class or classes shall, subject to section 19 and sub-section (1) of section 23, proceed to registration after the division of the application in the class or classes in respect of which an opposition is pending."
Two limits sit on this: section 19 (the Registrar's power to withdraw acceptance) and section 23(1) (registration within the stated period). So unopposed classes proceed only after the division is made.
Sub-rule (5): service of a copy
"A copy of notice of opposition shall be ordinarily served by the Registrar to the applicants within three months of the receipt of the same by the appropriate office."
The proviso: "where the applicant has already filed the counter statement on the basis of the copy of notice of opposition made available in the electronic records on the official website, the requirement of service of copy of the notice of opposition to the applicant shall be dispensed with."
Note "ordinarily": the three months is a target. The proviso recognises that the applicant may see the notice online and file the counterstatement before any service. The counterstatement's own time limit, in rule 44, runs from receipt of the copy, so the date of service matters; read rule 44 next.
Timeline at a glance
| Step | Time | Source |
|---|---|---|
| Journal publication | Starting point | Rule 39 |
| Notice of opposition on TM-O | Within four months from Journal publication | Rule 42(1) |
| Copy served on applicant | Ordinarily within three months of receipt | Rule 42(5) |
| Counterstatement | Within two months from receipt of the copy | Rule 44(1) |
Example: Sunil Beverages' application for "Zest Cola" in two classes is advertised in a Journal dated 1 June. Rival Mehta Fizz opposes only in the first class. Mehta files Form TM-O by the end of the fourth month after 1 June, paying one class fee. The second class cannot proceed to registration until Sunil files Form TM-M with the divisional fee; once divided, the second class goes forward, subject to sections 19 and 23(1). (The date is invented.)
For a practical walk-through, see our guide on how to file and defend a trademark opposition.
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with filing or defending an opposition?
The four months are short and the content of the notice is strict. Our trademark opposition team can prepare the notice or the response and track each date.
Key takeaways
- Form TM-O must be filed within four months from the date of publication of the Journal of advertisement or re-advertisement.
- The fee is for each class opposed.
- In a partial opposition, the unopposed classes wait until the applicant requests division on Form TM-M with the divisional fee.
- A copy of the notice is ordinarily served on the applicant within three months of receipt.
- Rule 43 lists what the notice must contain.
Read next
- Rule 43: requirements of the notice of opposition
- Rule 44: counterstatement
- Rules 39–41: advertisement of application and notification of correction
- Trademark opposition explained
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.