Rules 43-44 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.
Once an opposition is filed and a copy served, the applicant must answer with a counterstatement within two months (rule 43). The opponent then has two months from service of the counterstatement to leave evidence by affidavit or say it relies on its notice, and the opposition is deemed abandoned if it does neither (rule 44). An extension of one month is available on Form GI-9.
The applicant sends a counterstatement, in triplicate on Form GI-2, within two months from receipt of the copy of the notice of opposition, admitting any facts it accepts, and verified as in rule 42. The opponent must, within two months of service of the counterstatement, either leave evidence by affidavit or intimate in writing that it relies on the notice. If the opponent does neither, it is deemed to have abandoned its opposition (rule 44(2)). One further month may be requested on Form GI-9 before the two months end.
Rule 43(1): the counterstatement
Rule 43(1) says "the counter-statement required by sub-section (2) of section 14 shall be sent in triplicate on Form GI-2 within two months from the receipt by the applicant of the copy of the notice of opposition from the Registrar". It "shall set out what facts, if any, alleged in the notice of opposition, are admitted by the applicant". A copy of the counterstatement "shall be served by the Registrar on the person giving notice of opposition ordinarily within two month from the date of receipt of the same".
Three points follow.
- Form. Form GI-2 Part B is the counterstatement. It is also used in rectification proceedings under rule 66, as the form heading shows (sections 2, 14, 17(3), 27, rules 43(1), 66).
- Time. Two months run from the applicant's receipt of the copy, not from the date the Registrar sent it. Keep proof of the date the copy reached you. This is different from the opponent's period, which runs from service on the opponent.
- Content. The rule asks the applicant to say which allegations it admits. The form asks the applicant to give notice of the grounds on which it relies, and to admit stated allegations of the notice of opposition. A counterstatement that simply denies everything without grounds is weaker than one that states its positive case, which is where legal dispute resolution support is most useful.
The fee is entry 2B: Rs. 1000 for a counterstatement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed, as per the First Schedule as substituted in November 2025. The same entry also covers a counterstatement in answer to an application under section 27 or a notice of opposition under section 29. See also our article on rule 10 and payment, which explains that a short fee means the document is treated as not filed.
Rule 43(2): verification
"The counterstatement shall be verified in the same manner as the notice of opposition as stated in rule 42." That means numbered paragraphs, a split between personal knowledge and information believed true, signature, date and place. See our article on notice of opposition and verification. The Act link is section 14(2), in our article on section 14 of the GI Act.
Rule 44(1): the opponent's evidence
Within two months from service on him of a copy of the counterstatement, "or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request allow", the opponent must do one of two things:
- leave with the Registrar "such evidence by way of affidavit as he may desire to adduce in support of his opposition"; or
- intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence but intends to rely on the facts stated in the notice of opposition.
Where he leaves evidence, he must "deliver to the applicant copies of any evidence that he leaves with the Registrar" and "intimate the Registrar forthwith in writing of such delivery".
So the opponent has a choice, but not a choice to remain silent. It can rely on its notice alone, but must say so in writing, to both the Registrar and the applicant. The format of an affidavit is explained in our article on the form of affidavits.
Rule 44(2): deemed abandonment
"If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall, be deemed to have abandoned his opposition." This is the most severe consequence in the opposition stage. An opponent who misses the two months, or the extended three, loses the opposition, and the application can move toward registration.
Rule 44(3): extension on Form GI-9
"An application for the extension of the period of one month mentioned in sub-rule (1) shall be made in Form GI-9 accompanied by prescribed fees before the expiry of the period of two months mentioned therein." The fee is entry 9C: Rs. 300 as per the First Schedule as substituted in November 2025, for an application for extension of time not expressly provided in the Act or prescribed by the Rules. The request must be in before the two months end. The Registrar's general power to extend time is explained in our article on extension of time in GI proceedings.
| Step | Rule | By whom | Period | Consequence of default |
|---|---|---|---|---|
| Counterstatement | 43(1) | Applicant | Two months from receipt of copy of notice | The text of rule 43 states no consequence; see the Act and rule 83 |
| Service of counterstatement | 43(1) | Registrar | Ordinarily within two months of receipt | None stated |
| Evidence or notice of reliance | 44(1) | Opponent | Two months from service of counterstatement, plus up to one month on request | Opposition deemed abandoned (44(2)) |
| Extension request | 44(3) | Opponent | Before the two months end; Form GI-9; entry 9C: Rs. 300 | Without it, no extra month |
The rule is silent on what happens if the applicant files no counterstatement; the text of rule 43 does not say, and the point should be checked against section 14(2) and the Registrar's powers before relying on any assumption.
What happens next
After the opponent's evidence, the applicant answers with evidence of its own and the opponent may reply; our article on evidence of applicant, reply, further evidence, exhibits and translation covers rules 45 to 49. Then the hearing under rule 50 follows.
A worked example
Sahyadri Alphonso Growers' Association, an invented applicant, receives a copy of a notice of opposition on 5 May. It files its counterstatement on Form GI-2 Part B, in triplicate, on 20 June, admitting two facts and denying the rest, verified under rule 42. The Registrar serves it on the opponent on 25 June. The opponent has until 25 August to leave evidence or give written notice that it relies on its notice. On 20 August it applies on Form GI-9 with the entry 9C fee for one more month. If it does nothing by the deadline, it is deemed to have abandoned its opposition. All names are invented.
Need help answering an opposition?
Opposition deadlines are short and the consequences of missing them are final. Our team can help you prepare a counterstatement and evidence; see our legal dispute resolution service for support in contested GI proceedings.
Key takeaways
- The counterstatement is on Form GI-2 in triplicate, within two months from the applicant's receipt of the notice copy (rule 43(1)).
- It must admit any facts the applicant accepts and be verified as in rule 42.
- The opponent has two months from service of the counterstatement to leave affidavit evidence or intimate reliance on its notice (rule 44(1)).
- No action means the opposition is deemed abandoned (rule 44(2)).
- An extra month needs Form GI-9 before the two months end (entry 9C: Rs. 300).
- Check for amendments after 3 November 2025.
Read next
- Rules 45-49: evidence of applicant, reply, further evidence, exhibits and translation
- Rules 41-42: notice of opposition and verification
- Section 14 of the GI Act: opposition to registration
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Rules, 2002 as notified on 8 March 2002 and as amended by the Amendment Rules of 2020 (G.S.R. 528(E)) and 2025 (G.S.R. 812(E)), as consulted on 2 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.