Trademark Hearing

Trademark Hearing In India
(Price Start at $ 36 /-)

As we know, the trademark registration process comes with a lot of hurdles and procedures, one of which is a trademark hearing before the Registry. In general, once a trademark application is filed, the Examiners review the application including all the particulars (viz. Applicant’s details, legal status, class of goods/services, category of mark etc.) and any other documents uploaded as part of the application.

Accordingly, an examination report is issued wherein the mark is either accepted or the objection is raised on absolute or relative grounds. Pursuant to the objection, a response to such examination report is required to be filed within 30 days from the service and if the Examiner is not satisfied with the response and the submissions made thereof, the application is listed for hearing for oral arguments.

At this stage, a hearing notice is issued by directing the proprietor/agent of the proprietor to attend the hearing to show why the mark should not be refused and/or to justify why the mark should be accepted. Pursuant to the said hearing, if the Examiner is satisfied with the oral submissions and documents in support of the hearing (if any), an acceptance order will be issued and the mark will be advertised in the Trademarks Journal for the period of 4 months. It is pertinent to note that in case of non-appearance in the hearing / non-satisfaction with the arguments, the hearing officer also has the option to refuse the mark by passing a refusal order.

How can we check if the trademark hearing is scheduled in any application?

As a normal practice, a hearing notice informing the agent, applicant, or attorney of the application number about the hearing date, is always issued by the Registry. Alternatively, any person can easily check the hearing notice or the latest hearing date scheduled in any application through the online Trademarks register/status tracker. The parties can also keep track of the monthly hearing lists released by the Registry on the portal.

What are the Documents/compliances required for Trademark hearing in India?

In particular, no documents are required to attend the trademark hearing, however, the applicant/attorney will have to rely on the following documents during the hearing:

  1. Examination Report:There must be an Examination report issued by the registrar of trademarks wherein the objection was raised on legal grounds and/or technical grounds.

  2. Reply to Examination Report: A copy of the reply to the examination report containing the applicant’s detailed response should be submitted and kept ready during the hearing.

  3. Letter of Authorization: A letter of authorization would also be needed from the client authorizing the attorney to attend the hearing on their behalf.

  4. Other documentation: It is to be noted that certain additional documentation may also be asked by the Registry to show use of the mark which includes invoices, website and social media pages, e-commerce listings, registration certificates etc.

What is the Procedure need to be followed for trademark hearing in India?

  1. Letter of Authorization: A letter of authorization or power of attorney in favour of the Attorney has to be provided by the proprietor/applicant of trademark, authorizing us to appear on its behalf before the Trademarks Registry.

  2. Preparation for the Trademark Hearing: Our team of legal experts will go through the application and the objections raised by the Registry and will accordingly prepare the relevant submissions which are required to be presented before the Hearing Officer in support of the trademark application.

  3. Attending the hearing: As per the date and time mentioned on the hearing notice, the authorized attorney will appear before the Registry with the pertinent documents/evidence and legal submissions. If any additional documents are requested, the said documents can also be submitted even after the hearing by way of documents in support of hearing.

  4. Hearing outcome: Once the hearing submissions are made, the hearing officer will assess all the oral submissions and accordingly, review all the documents uploaded on the portal before passing the order. In the event the Hearing Officer is satisfied with the arguments/documentation, the acceptance order will be issued and the mark will be advertised in the Journal in the forthcoming months. On the contrary, the hearing officer may also pass the refusal order or may adjourn the matter by issuing a fresh hearing in the matter.

How to adjourn a trademark hearing?

In case of first two hearings scheduled in any application, the Applicant has the liberty to request for adjournment i.e. postponement or rescheduling of the hearing with reasonable cause by filing the Form TM-M with the prescribed fee of INR 900 per application. It is to be noted that such an adjournment request should be filed at least 3 days before the date of the hearing. After which, the Registrar exercises its discretion and may adjourn the hearing. Further, a party can seek adjournment up to 2 times which cannot be extended for more than 30 days per request.

What can be the consequences of not attending the hearing before the Registry?

If the Applicant or its authorized representative fails to attend a trademark hearing on the scheduled date and time, such failure can lead to any of the following consequences:

  • The Hearing Officer will review the documents uploaded online along with the trademark application as well as response to the examination report and accordingly, if satisfied, may choose to Accept or Reject the mark; or
  • The Hearing Officer may pass a refusal order by stating that ‘None appeared’ for the hearing.
  • The Hearing Officer will take no action in the application and issue a fresh notice of hearing (this usually happens in the case of first hearing).

How can seedling help you with trademark hearing in India?

Seedling boasts top-notch attorneys who ensure that you never miss your hearing date and that the show cause hearing goes smoothly and seamlessly. We thoroughly review the office objections and streamline the whole trademark objection and hearing process well in advance with just a few clicks. Our in-house trademark specialists proficiently handle all trademark hearing formalities and ensure a hassle-free experience. Connect with us via our website to initiate and fast-track your trademark registration process.

Most common question about our services

Is it mandatory for the Applicant to be physically present during the hearing process?

No, there is no mandatory requirement for the Applicant to be physically present during the hearing process. The hearing can be attended by the authorized representative of the Applicant through virtual mode.

Is there any government fees to be paid for appearing at the Hearing?

No, there is no government fee required to be paid for appearing at the Hearing before the Registry.

What does it mean if the status of any trademark is “Ready for Show Cause Hearing”?

This signifies that the response to the examination report is not satisfactory and the application will be listed for hearing in due course. During the hearing, the Applicant or its authorized attorney will get an opportunity to present its submissions in order to get the mark registered.

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