Rule 43 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 43 lists what a notice of opposition must contain. It covers the application opposed, the earlier trademark or right relied on, the person opposing, and the grounds. It also requires the notice to be verified at the foot, separating what is verified from the opponent's own knowledge from what rests on information believed to be true. A notice that misses these items risks being treated as defective, so a trademark opposition draft should follow rule 43 line by line.
A notice of opposition must state the application number, the goods or services opposed and the applicant's name; the earlier mark or right with its status and numbers; who the opponent is (proprietor, licensee, successor in title or foreign party with an address for service in India); and the grounds. It is verified at the foot by the opponent or his duly authorised agent, by reference to numbered paragraphs, stating what is known and what is on information believed to be true, and signed with date and place (rule 43).
Sub-rule (1): the four heads
(a) The application opposed
| Item | Text |
|---|---|
| (i) | The application number against which opposition is entered |
| (ii) | An indication of the goods or services listed in the application against which opposition is entered |
| (iii) | The name of the applicant for the trademark |
(b) The earlier trademark or earlier right
| Item | Text |
|---|---|
| (i) | Where based on an earlier trademark, a statement to that effect and an indication of its status |
| (ii) | Where available, the application number or registration number and the filing date, including the priority date |
| (iii) | Where based on an alleged well-known trademark within section 11(2), an indication to that effect and the country or countries in which it is recognised to be well known |
| (iv) | Where based on a mark having a reputation within section 11(2)(b), an indication to that effect and whether the earlier mark is registered or applied for |
| (v) | A representation of the opponent's trademark and, where appropriate, a description of the mark or earlier right |
| (vi) | Where the earlier mark is registered or applied for, or well known or reputed, for certain goods or services, the opponent indicates all the goods or services for which it is protected and also those on which the opposition is based |
The grounds link to section 11 of the Act. The text refers to "sub-section 2 of section 11" and to "paragraph (b) of sub-clause (2) of section 11"; the citation style is loose, so read the Act itself for the exact limbs.
(c) The opposing party
| Item | Who is opposing | What to state |
|---|---|---|
| (i) | The proprietor of the earlier mark or right | Name and address, and an indication that he is the proprietor |
| (ii) | A licensee who is not a registered user | Name and address of the licensee, and an indication that he has been authorised to enter the opposition |
| (iii) | A successor in title to the registered proprietor not yet registered as new proprietor | An indication to that effect, name and address, and the date on which the application to register the new proprietor was received by the appropriate office or, if that is not available, sent |
| (iv) | An opposing party with no place of business in India | The name of the opponent and his address for service in India |
(d) The grounds
"The grounds on which the opposition is based." The rule gives no list of grounds; they come from the Act, mainly sections 9 and 11 and any other ground available under the Act. The rule does not say how detailed the grounds must be. They should be stated clearly enough to let the applicant reply in a counterstatement under rule 44.
Sub-rules (2) to (4): verification
| Sub-rule | Text, in summary |
|---|---|
| (2) | The notice "shall be verified at the foot by the opponent or by his duly authorised agent" |
| (3) | The person verifying shall state specifically, by reference to the numbered paragraphs of the notice, what he verifies of his own knowledge and what he verifies upon information received and believed to be true |
| (4) | The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed |
Three practical results follow.
- Number the paragraphs. Rule 43(3) requires verification "by reference to the numbered paragraphs", so a notice without numbered paragraphs cannot be verified in the way the rule asks.
- Divide knowledge from information. Each paragraph is placed in one of two groups: known personally, or on information believed to be true. The rule contains no further guidance on how to decide.
- Date and place of signing. The signature alone is not enough; the date and place must be stated. For signing generally, see rule 13.
The same verification standard applies to the counterstatement, as rule 44(2) says.
Example: assembling a notice
Vikram Dairy owns the registered mark "Gokul Gold" for milk products. A rival's application for "Gokul Golden" for ghee is advertised. Vikram's opposition would:
- (a) name the application number, the goods (ghee) and the applicant;
- (b) state that it relies on an earlier registered trademark, give its registration number and filing date, attach a representation, and say that its registration covers milk products, with the opposition based on the goods that are similar;
- (c) state that it is the proprietor, with name and address (if Vikram were a foreign company with no place of business in India, it would give an address for service in India);
- (d) set out the grounds, such as similarity under section 11, in numbered paragraphs;
- verify at the foot, paragraph by paragraph, signed with the date and place.
All invented, for illustration only.
Common slips to avoid
- Leaving out the status of the earlier mark (registered, pending or other).
- Failing to indicate which of the goods the opposition is based on, as (b)(vi) requires.
- Forgetting the authorisation of a licensee who is not a registered user.
- Not stating the date of the successor's application for recordal.
- Mixing personal knowledge with information in the same paragraph without saying which is which.
The Act's provision on opposition is section 21. For how the earlier mark's details feed into the later stages, see rules 44 to 48.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with drafting a notice of opposition?
A defective notice can weaken the opposition at the start. Our trademark opposition team can prepare the notice in the order rule 43 requires, with a proper verification.
Key takeaways
- The notice must identify the application, the goods or services, and the applicant.
- It must describe the earlier mark or right: status, numbers, dates, representation and the goods on which opposition is based.
- Special entries apply to well-known marks, reputed marks, licensees, successors in title and foreign opponents.
- The grounds must be stated.
- The notice is verified at the foot, by numbered paragraphs, split between knowledge and information, signed with date and place.
Read next
- Rule 42: notice of opposition
- Rule 44: counterstatement
- Rules 45–48: evidence in opposition, reply and further evidence
- How to file Form TM-O: opposition to a trademark
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.