Section 21 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.
Section 21 is the opposition section. It lets any person oppose an advertised trade mark application, sets the time for the opposition and the reply, and tells the Registrar how to decide. It has seven sub-sections, and the time limits in them are strict, so they are taken here in order.
Any person may give written notice of opposition within four months from the date of the advertisement or re-advertisement. The applicant must file a counter statement within two months of receiving the notice, or is deemed to have abandoned the application. Both sides then file evidence and are heard if they wish, and the Registrar decides whether, and on what conditions or limitations, registration is permitted.
Sub-section (1): who may oppose, and when
"Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration."
- Who: "any person". The section does not limit opposition to a rival or to the proprietor of an earlier mark.
- When: four months from the date of the advertisement or re-advertisement. The advertisement itself is covered by section 20.
- How: notice in writing, in the prescribed manner, with the prescribed fee. The form and fee are in the Trade Marks Rules, 2017; this article states no amount.
- History: sub-section (1) was substituted by Act 40 of 2010 with effect from 8 July 2013.
The text of sub-section (1) as it stands contains no power to extend the four months. If you intend to oppose, treat the four months as fixed and file within them. If you need to oppose, our trademark opposition service files the notice and takes the matter through evidence and hearing.
Sub-section (2): service of notice and the counter statement
"The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter statement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application."
The consequence is built into the sentence. An applicant who does not send a counter statement in time loses the application by deemed abandonment. The two months run from receipt by the applicant, not from the date of the notice. If you have received a notice, see how to defend an opposition and the draft counter-statement.
Sub-section (3): the counter statement is passed on
"If the applicant sends such counter statement, the Registrar shall serve a copy thereof on the person giving notice of opposition." So the opponent sees the applicant's grounds.
Sub-section (4): evidence and hearing
"Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire."
Two things are left to the Rules: the manner of submitting evidence and the time. The Act gives both sides the right to be heard if they so desire.
Sub-section (5): the decision
"The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not."
Two features stand out:
- The outcome is not a simple yes or no. The Registrar may permit registration subject to conditions or limitations.
- He may consider a ground that the opponent did not raise. The opposition is therefore not confined to the opponent's pleaded case.
The grounds themselves are in sections 9 and 11, which the section does not repeat. See section 9 and section 11.
Sub-section (6): parties outside India
"Where a person giving notice of opposition or an applicant sending a counter statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned."
It applies to either side: an opponent or an applicant who neither resides nor carries on business in India. The Registrar "may" require security; the section states no amount.
Sub-section (7): correcting a notice or counter statement
"The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter statement on such terms as he thinks just." The power is discretionary and works on request.
The whole procedure at a glance
| Step | Provision | Time or rule |
|---|---|---|
| Notice of opposition | 21(1) | Within four months from advertisement or re-advertisement; prescribed manner and fee |
| Service on applicant | 21(2) | Registrar serves a copy |
| Counter statement | 21(2) | Within two months from the applicant's receipt; failing which, deemed abandoned |
| Copy to opponent | 21(3) | Registrar serves it |
| Evidence | 21(4) | In the prescribed manner and time |
| Hearing | 21(4) | If the parties so desire |
| Decision | 21(5) | Whether, and on what conditions or limitations, registration is permitted |
| Security for costs | 21(6) | Where a party neither resides nor carries on business in India |
| Correction or amendment | 21(7) | On request, on terms the Registrar thinks just |
Example. Raghav Dairy's mark "AMRIT GOLD" is advertised. Amrit Foods, which uses a similar mark for the same goods, files a notice of opposition with the prescribed fee within four months. Raghav Dairy must send a counter statement within two months of receiving the copy, or its application is deemed abandoned.
What happens after registration is permitted
If the opposition is decided in the applicant's favour, section 23 allows registration. Appeals against the Registrar's order are dealt with in section 91.
Practical points
- Mark the dates. The four months and two months decide whether you may oppose or must respond. The text of section 21 contains no extension in sub-section (1) or (2).
- Foreign parties should plan for security. Sub-section (6) applies to those who neither reside nor carry on business in India.
- Plead all your grounds, but expect the Registrar to look wider. Sub-section (5) lets him consider a ground you did not raise.
- Prepare evidence early and keep addresses updated. Time runs from receipt of the copy.
Need help with an opposition?
Whether you want to oppose a mark that is too close to yours, or defend your own application against a notice, the time limits above leave little room. Our trademark opposition team drafts the notice or counter statement, prepares evidence and appears at the hearing.
Key takeaways
- Any person may oppose, within four months of the advertisement or re-advertisement, in writing, with the prescribed fee.
- The applicant has two months from receiving the notice to send a counter statement; otherwise the application is deemed abandoned.
- Evidence is filed in the prescribed manner and time; both sides are heard if they wish.
- The Registrar decides whether and on what conditions or limitations registration is permitted, and may consider a ground not raised by the opponent.
- A party outside India may be required to give security for costs; default can mean abandonment.
- Errors in a notice or counter statement may be corrected on request.
Read next
- Section 20: advertisement of application
- Section 22: correction and amendment of application
- Sections 23-24: registration and jointly owned trade marks
- Trademark opposition: how to file and defend
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.