Rule 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.
Rule 44 is the applicant's answer to a notice of opposition. The counterstatement is sent on Form TM-O within two months from the applicant's receipt of the copy of the notice, sets out which facts alleged in the notice are admitted, and is verified in the same way as the notice. The Registrar ordinarily serves it on the opponent within two months. If you are defending your mark, a trademark opposition response begins here.
The counterstatement required by section 21(2) is sent on Form TM-O within two months from the applicant's receipt of the copy of the notice of opposition, and must say what facts, if any, alleged in the notice are admitted (rule 44(1)). It is verified under rule 43(2) to (4) (rule 44(2)). The Registrar ordinarily serves a copy on the opponent within two months of receiving it. Under section 21(2) of the Act, failure to file in time means deemed abandonment of the application.
Sub-rule (1): form, time and contents
"The counterstatement required by sub-section (2) of section 21 shall be sent on Form TM-O within two months from the receipt by the applicant of the copy of the notice of opposition from the Registrar and 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 ordinarily served by the Registrar to the opponent within two months from the date of receipt of the same."
| Element | Text |
|---|---|
| Statutory basis | Section 21(2) of the Act |
| Form | TM-O (the same form as the notice) |
| Time | Two months from the applicant's receipt of the copy of the notice from the Registrar |
| Contents | What facts, if any, alleged in the notice are admitted |
| Service on opponent | Ordinarily within two months from the date of receipt by the Registrar |
| 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 or counterstatement filed" |
Points to read carefully
The clock starts on receipt of the copy. Rule 44 says "from the receipt by the applicant of the copy of the notice of opposition from the Registrar". Rule 42(5) says the Registrar ordinarily serves the copy within three months of receiving the notice, and the proviso to rule 42(5) says that where the applicant has already filed the counterstatement on the basis of the copy made available electronically on the official website, service of the copy is dispensed with. The rule does not say, in terms, whether viewing the notice online starts the two months. Do not rely on a late formal service; watch the records on the official website and your email, since rule 18 deems email service at the time of sending.
What it must say. The rule requires only that the counterstatement "set out what facts, if any, alleged in the notice of opposition, are admitted". The words "if any" make clear an applicant may admit nothing. The text does not say what happens to facts not admitted, nor does it require a paragraph-by-paragraph reply. Our draft guide on the counterstatement shows a usual layout, but the Rules set only the minimum.
Consequence of default. Rule 44 itself is silent on what follows if no counterstatement is filed. The Act's section 21(2) says the applicant "shall be deemed to have abandoned his application". For the structure of the whole opposition, see the Act article linked above.
Fee per class. Entry 2 says the fee is "for each class opposed or counterstatement filed". If the notice opposes two classes, expect a counterstatement fee for each class contested.
Sub-rule (2): verification
"The counterstatement shall be verified in the manner as provided in sub-rules (2), (3) and (4) of rule 43."
So the same standard applies as for the notice:
| Requirement | Source |
|---|---|
| Verified at the foot by the applicant or his duly authorised agent | Rule 43(2) |
| By reference to numbered paragraphs, separating knowledge from information believed to be true | Rule 43(3) |
| Signed, with date and place of signing | Rule 43(4) |
Number your paragraphs to match the notice, so that the verification can be made against them.
What happens next
After the counterstatement, the opponent has two months from service of a copy to file evidence or to say that he relies on the notice (rule 45), and the applicant then has two months for his own evidence (rule 46). Note that the opponent's two months in rule 45 run from "service of a copy of the counterstatement", so the date of service on the opponent matters, which is why rule 44 requires the Registrar to serve it.
Example: Sunil Beverages receives, by email, a copy of Mehta Fizz's notice opposing "Zest Cola" on 4 July. Under rule 44(1), the counterstatement is due within two months from receipt, that is, by 4 September. Sunil files Form TM-O with the fee for the class opposed, admits that its mark was filed on the stated date, denies the allegation of similarity, and verifies by numbered paragraphs. The Registrar then ordinarily serves a copy on Mehta within two months. (Dates are invented.)
If the counterstatement is not filed, the Act's deemed-abandonment consequence applies; a hearing is not provided in rule 44.
Version note
The text is the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with a counterstatement?
Two months pass quickly, and a missed counterstatement ends the application. Our trademark opposition team can draft and verify the counterstatement and manage the evidence stage that follows.
Key takeaways
- The counterstatement is sent on Form TM-O within two months from receipt of the copy of the notice of opposition.
- It must set out which facts alleged in the notice are admitted, if any.
- It is verified in the same way as the notice, under rule 43(2) to (4).
- The Registrar ordinarily serves it on the opponent within two months.
- The Act's section 21(2) treats failure to file as abandonment.
Read next
- Rule 42: notice of opposition
- Rule 43: requirements of the notice of opposition
- Rules 45–48: evidence in opposition, reply and further evidence
- Trademark opposition reply: counter-statement draft
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.