Last updated: 25 October 2026  ·  7 min read

Educational content, not legal advice. The deadlines here reflect the general position under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Your actual dates run from the date on your own notice, so confirm them on the IP India portal or with an attorney.

The short version

An objection is the Registry's examiner questioning your mark before it's published. An opposition is a third party challenging it after it's published. Each has its own reply and its own deadline.

At a glance

ObjectionOpposition
Raised byRegistry examinerA third party (often an owner of a similar earlier mark)
StageExamination, before publicationAfter publication in the Trade Marks Journal
DocumentExamination reportNotice of opposition (Form TM-O)
Your responseWritten reply, possibly a hearingCounter-statement, then evidence and hearing
Typical groundsAbsolute grounds (Section 9) or conflict with earlier marks (Section 11)Similar or identical earlier mark, bad faith, descriptiveness and others

Trademark objection

Once you file, an examiner reviews the application. If the mark looks descriptive, isn't distinctive enough, or sits too close to an existing mark, the examiner sets those concerns out in an examination report. Getting one is common. It isn't a rejection, though a lot of first-time applicants read it that way.

A hypothetical: a bakery files "Fresh Bake" for bread, and the examiner says the words just describe the product. The reply should take each objection in turn, explain why the mark still works as a brand, and attach evidence of use if there is any. If the examiner still isn't convinced, a hearing may follow. More on our Trademark Objection service page.

Trademark opposition

If the examiner accepts your mark, it's advertised in the Trade Marks Journal. Anyone who thinks it shouldn't be registered can then file a notice of opposition, and you answer with a counter-statement. Both sides may file evidence, and the matter usually ends in a hearing. See Trademark Opposition.

It works the other way too. A trademark watch tells you when a confusingly similar mark is published, so you can oppose it while the window is still open. Many founders only think about this once a lookalike is already registered.

Deadlines

StepGeneral time limit
Reply to examination report1 month (30 days) from the date of the report
File notice of opposition3 months from advertisement, extendable by 1 month (4 months maximum)
Applicant's counter-statement2 months from receiving the notice of opposition

Sources online don't always agree on these periods, and the extension rules have changed over the years. Work to the earliest date that could apply, and verify it before you act.

If you miss a deadline

  • Objection not answered: the application may be treated as abandoned.
  • Counter-statement not filed: the application is treated as abandoned.
  • Opposition window missed: you can still go after a conflicting mark later, usually through rectification or an infringement action, but it's slower and costs more.

Frequently asked questions

  • What is the difference between a trademark objection and an opposition?

    An objection comes from the examiner at the Trade Marks Registry, in the examination report, before your mark is published. An opposition comes from someone else, often the owner of a similar earlier mark, after your mark appears in the Trade Marks Journal.

  • How long do I have to reply to a trademark objection?

    Generally one month (30 days) from the date of the examination report. There's little room for extensions, so check the current rules and your exact date on the IP India portal or with an attorney.

  • How long does someone have to oppose my trademark?

    Generally three months from the date your mark is advertised in the Journal. They can ask for one more month, so four months is the outer limit.

  • What happens if I do not file a counter-statement?

    Your application is treated as abandoned. Once you receive a notice of opposition, the counter-statement has to be filed within the prescribed period, so put that date in your calendar the day the notice arrives.

  • Can an objection be turned into a hearing?

    Yes. If the examiner isn't satisfied with your written reply, a hearing may be scheduled so you can argue your case.

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