Rules 45 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.
After the notice and the counterstatement, an opposition moves to evidence. Rules 45 to 48 set three rounds, each with a time limit: the opponent's evidence (two months), the applicant's evidence (two months) and the opponent's reply (one month). After that, no further evidence is allowed unless the Registrar gives leave. Two of the rounds carry a deemed-abandonment consequence, so a trademark opposition calendar should be built from these rules.
The opponent has two months from service of a copy of the counterstatement to leave evidence by affidavit or say he relies on the notice; no action means the opposition is deemed abandoned (rule 45). The applicant then has two months to leave evidence or say he relies on the counterstatement; no action means the application is deemed abandoned (rule 46). The opponent may leave reply evidence within one month (rule 47). No further evidence is allowed except by the Registrar's leave (rule 48).
Rule 45: evidence in support of opposition
"Within two months from service of a copy of the counterstatement, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition."
He must also "deliver to the applicant copies of any evidence including exhibits, if any, that he leaves with the Registrar under this sub-rule and intimate the Registrar in writing of such delivery."
Sub-rule (2): "If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his opposition."
| Element | Text |
|---|---|
| Time | Two months from service of a copy of the counterstatement |
| Choice | Leave affidavit evidence, or intimate in writing to the Registrar and applicant that no evidence will be led and the notice is relied on |
| Duty after leaving evidence | Deliver copies, including exhibits, to the applicant and tell the Registrar in writing |
| Default | The opposition is deemed abandoned |
The affidavit rule is in rule 120, covered in a later article. Notice the two-way choice: doing nothing is not an option, because "takes no action" leads to abandonment, while an express statement that he relies on the notice keeps the opposition alive.
Rule 46: evidence in support of the application
"Within two months on the receipt by the applicant of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition, the applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent copies thereof or shall intimate to the Registrar and the opponent that he does not desire to adduce any evidence but intends to rely on the facts stated in the counterstatement and or on the evidence already left by him in connection with the application in question."
If he leaves evidence or relies on evidence already left, he must "deliver to the opponent copies of the same, including exhibits, if any, and shall intimate the Registrar in writing of such delivery."
Sub-rule (2): "If an applicant takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his application."
| Element | Text |
|---|---|
| Time | Two months on receipt of the opponent's affidavit copies or the opponent's intimation of no evidence |
| Choice | Leave affidavit evidence; or intimate that he relies on the counterstatement and or on evidence already left in connection with the application |
| Duty | Deliver copies, including exhibits, to the opponent and tell the Registrar in writing |
| Default | The application is deemed abandoned |
The reference to "evidence already left by him in connection with the application" lets an applicant rely on what he filed earlier, for instance the affidavit of use under rule 25(2).
Rule 47: evidence in reply by opponent
"Within one month from the receipt by the opponent of the copies of the applicant's affidavit the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies of the same including exhibits, if any, and shall intimate the Registrar in writing of such delivery."
The reply is optional ("may"), has a shorter time (one month), and runs from receipt of the applicant's affidavit copies. The text names no consequence for not replying, because nothing is required.
Rule 48: further evidence
"No further evidence shall be left on either side, but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit."
So the three rounds are exhaustive unless the Registrar gives leave. Leave is discretionary, may be given "at any time", and may be on terms as to costs or otherwise. Costs are dealt with in rules 116 to 118.
The evidence timetable
| Round | Who | Time | Starts from | Default |
|---|---|---|---|---|
| 1 | Opponent | Two months | Service of a copy of the counterstatement | Opposition deemed abandoned (rule 45(2)) |
| 2 | Applicant | Two months | Receipt of the opponent's affidavit copies or of the intimation of no evidence | Application deemed abandoned (rule 46(2)) |
| 3 | Opponent (reply) | One month | Receipt of the applicant's affidavit copies | None stated; optional |
| After | Either side | Only with the Registrar's leave (rule 48) |
Example: Mehta Fizz opposes "Zest Cola". Sunil Beverages files its counterstatement, and a copy is served on Mehta on 10 August. By 10 October, Mehta must file affidavits or write to the Registrar and Sunil that it relies on its notice. Mehta files an affidavit with sales exhibits and delivers copies to Sunil. Sunil, within two months of receipt, files an affidavit and delivers copies to Mehta. Mehta has one month from receiving Sunil's affidavit to file a reply. If Sunil did nothing, its application would be deemed abandoned under rule 46(2). (Dates are invented.)
Practical points
- Count from service or receipt, as each rule says. Round 1 runs from service of the counterstatement, rounds 2 and 3 from receipt of the other side's copies.
- Serve the other side and tell the Registrar. Both rules require delivery of copies and written intimation to the Registrar.
- Say what you rely on. If no evidence will be led, write to say so; silence leads to abandonment.
- Attach exhibits. The rules speak of "including exhibits".
- Seek leave early. Rule 48 allows further evidence only by leave.
- Foreign documents. Rule 49 requires an attested translation of a document in a language other than Hindi or English.
For the Act's structure of evidence in opposition, see section 21; the Registrar's powers over evidence are in sections 129 and 130.
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with the evidence stage?
Evidence rounds carry short clocks and one-sided abandonment. Our trademark opposition team can prepare affidavits and exhibits and serve them in time.
Key takeaways
- The opponent has two months from service of the counterstatement to file affidavit evidence or state that he relies on the notice; no action means abandonment of the opposition.
- The applicant has two months from receipt of the opponent's evidence or intimation; no action means abandonment of the application.
- The opponent may file reply evidence within one month of receipt of the applicant's affidavit.
- Copies and exhibits must be delivered to the other side, with written intimation to the Registrar.
- No further evidence is allowed without the Registrar's leave.
Read next
- Rule 44: counterstatement
- Rules 49–51: translation, hearing and decision and security for costs
- Rule 43: requirements of the notice of opposition
- Trademark opposition: how to file and defend
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.