Statutory Time Frame

• The Trade Marks Act, 1999 provides a time limit of four months to file an opposition.
  
• This period starts from the date of publication of the trademark in the Trademark Journal.
  
• The deadline is strictly enforced by the Trade Marks Registry.
  
• Any opposition filed after this period is not accepted, even with justification.
  

Calculation of the Period

• The four-month period begins from the actual date of advertisement or re-advertisement in the Journal.
  
• It is counted as a calendar period, not business days.
  
• The last day of the period is inclusive unless it falls on a holiday, in which case the next working day is allowed.
  
• Time extensions beyond the statutory limit are not permitted.
  

Filing Within the Deadline

• The opposition must be filed using Form TM-O along with the prescribed fee.
  
• Filing can be done online through the IP India portal or physically at the Trade Marks Registry office.
  
• Acknowledgment is issued upon successful submission of the opposition form.
  
• Filing is considered complete only when the Registry confirms receipt of the form and fee.
  

Importance of Timely Filing

• Only oppositions filed within the deadline are legally valid.
  
• Timely filing allows the opponent to participate in the formal opposition proceedings.
  
• Delayed objections cannot be reviewed or entertained by the Registrar.
  
• The applicant’s trademark proceeds to registration if no opposition is filed on time.
  

Practical Tips for Compliance

• Regularly monitor the Trademark Journal for newly advertised marks.
  
• Set internal reminders or alerts to track publication dates and deadlines.
  
• Consult a trademark attorney immediately upon identifying a potentially conflicting mark.
  
• Ensure all documentation is ready in advance to avoid last-minute delays.