How deadlines are worked out
Yatri Trade calculates dates from the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The periods below cannot be extended under the 2017 Rules. Always check the dates against the Registry's records before you act.
Opposing an advertised mark
| Step | Time allowed | Law |
|---|---|---|
| Notice of opposition, Form TM-O | Four months from the date the journal is made available | Section 21(1) |
Every journal in Journal watch shows this last date, and each report states it.
After a notice of opposition
| Step | Filed by | Time allowed | Law | If it is missed |
|---|---|---|---|---|
| Counter-statement | Applicant | Two months from receiving the notice | Section 21(2), Rule 44 | The application is treated as abandoned |
| Evidence in support of the opposition | Opponent | Two months from receiving the counter-statement | Rule 45 | The opposition is deemed abandoned |
| Evidence in support of the application | Applicant | Two months from receiving the opponent's evidence | Rule 46 | |
| Evidence in reply | Opponent | One month from receiving the applicant's evidence | Rule 47 | |
| Hearing | Both | As notified by the Registry. Yatri Trade reads the date from IP India's hearing board | Rules 49 and 50 |
In an inbound case your client is the applicant, so the counter-statement and the applicant's evidence are your deadlines. In an outbound case your client is the opponent, so the opponent's evidence and the reply are yours.
Renewal
A registration lasts ten years from the date of application and is renewed with Form TM-R. Yatri Trade reminds you from a year before expiry.