Last updated: 25 October 2026 · 7 min read
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.
| Objection | Opposition | |
|---|---|---|
| Raised by | Registry examiner | A third party (often an owner of a similar earlier mark) |
| Stage | Examination, before publication | After publication in the Trade Marks Journal |
| Document | Examination report | Notice of opposition (Form TM-O) |
| Your response | Written reply, possibly a hearing | Counter-statement, then evidence and hearing |
| Typical grounds | Absolute grounds (Section 9) or conflict with earlier marks (Section 11) | Similar or identical earlier mark, bad faith, descriptiveness and others |
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.
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.
| Step | General time limit |
|---|---|
| Reply to examination report | 1 month (30 days) from the date of the report |
| File notice of opposition | 3 months from advertisement, extendable by 1 month (4 months maximum) |
| Applicant's counter-statement | 2 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.
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.
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.
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.
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.
Yes. If the examiner isn't satisfied with your written reply, a hearing may be scheduled so you can argue your case.
