Filing Evidence in Support of the Opposition (India, Rule 45)

Once you file a Notice of Opposition, the next critical step is to reinforce it with solid proof. Under Rule 45 of the Trade Marks Rules, 2017, the opponent has a defined window to submit supporting evidence—this moment can make or break the case.

Deadline and Process

• You have two months from the date you receive the Counter‑Statement to file your evidence.

• Evidence must be submitted as an affidavit, clearly laying out the facts and supporting your claims.

• Along with filing at the Trademark Registry, you must deliver a copy to the applicant.

• Failing to file either evidence or a formal waiver letter within this period will render your opposition deemed abandoned.

What Goes Into Your Evidence?

Your submission should include:

• A sworn affidavit outlining the factual basis of your opposition.

• Documents that substantiate your position—e.g., registered mark details, evidence of use, advertisements, consumer surveys, invoices, domain names, or other materials that illustrate the prior rights or reputation you’re asserting.

• A clear statement of which facts are based on your own knowledge versus derived from reliable sources.

• A verification clause confirming the affidavit’s authenticity.

All attached exhibits must be legible, organized, and relevant.

Waiver Option

If you choose not to submit any evidence, you must file a waiver letter within the same two-month window. This letter should state that you intend to rely solely on the facts outlined in your Notice of Opposition, not adding any new proof. Not submitting either document, or leaving the filing incomplete, automatically leads to abandonment of the opposition.

This stage is your opportunity to turn a challenge into a fortress. The strength and clarity of your evidence determine whether the application stands, is diluted, or is extinguished. It also sets the stage for how the applicant will respond next—so wield this moment with precision.