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.
