Opposition to registration
Section 21 of the Trade Marks Act, 1999 deals with opposition to registration. 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.] (2) The Registrar shall The Act came into force on 15 Sep 2003.
1 [(1) 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.]
(2) 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 counterstatement 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.
(3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Section 21, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Victor Guedes Industria E.Commercio S.A. v. The Deputy Registrar of Trade Marks
Court's Decision & Legal Precedent
Trade Marks Act s.21 opposition scheme read with Rule 50 of the 2002 Rules makes the Rule 50(2) evidence timeline mandatory — s.131 extension power does not relax times expressly provided under the Act/Rules for opposition evidence; Registrar correctly refused to take late evidence on record; writs dismissed, with liberty under Rule 53 for additional evidence leave and direction to complete pending opposition proceedings within 16 weeks.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The records of the Trademark Registry had been called for. On verification of the records, it is seen that there is nothing in the records to show that the appellant was put on notice of the opposition filed by the 2nd respondent in this appeal. Section 21 of the Trade Marks Act reads thus:- > "21. Opposition to registration .— (1) 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 …
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… His singular plea is that respondent No.2 be directed to take up the said "Oppositions" and dispose it of, within a time frame to be fixed by this Court. 2. Smt.M.Uma Devi – learned counsel for the petitioner, submitted that, statutorily, Section 21 of the Trade Marks Act, 1999, read with Rules 42 to 50 of the Rules thereunder, mandate that 2 nd respondent decide the "Oppositions" to any application for Trade Mark Registrations, within the time frame fixed therein. She submitted that, in spite of this, even though Ext.P3 objection 3 was filed as early as …
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… Learned advocate, Shri Chhatrapati submitted that when the order came to be passed in the year 2004, there was no application pending before the Registrar, which would allow the impugned order passed under Section 21(2) of the Trade Marks Act regarding the abandonment of the application. Learned advocate, Shri Chhatrapati submitted that therefore Review Application filed by the petitioner has also not been appreciated with reference to the background and the material. He submitted that whole order has proceeded with reference to …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 21
What have the courts held on Section 21 of the Trade Marks Act?
Victor Guedes Industria E.Commercio S.A. v. The Deputy Registrar of Trade Marks (03 Mar 2023) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 21 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 21, section 21 Trade Marks Act, section 21 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Victor Guedes Industria E.Commercio S.A. v. The Deputy Registrar of Trade Marks (03 Mar 2023).
What should I read with Section 21 of the Trade Marks Act, and has it changed?
4 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently The Trade Marks (Amendment) Rules, 2013 (2013), then The Trade Marks Rules, 2002 (2002).
When did Section 21 of the Trade Marks Act come into force?
Section 21 of the Trade Marks Act, cited as Trade Marks Act 21, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.