Trademark Hearing in India

Once you file the Trademark application with the Registrar of Trademarks, it goes through different stages. In the beginning, the Trademark Examiner examines the trademark application, and if he discovers that the application is incorrect or resembles an existing trademark, lacks distinctiveness, and is not valid as per various grounds listed in the Trade Marks Act, then he may raise objection against registration of such trademark.

If the Examiner raises any objection, the applicant has to submit a trademark objection reply and prove how his mark qualifies for a valid registration. If the Trademark examiner is satisfied with the reply of the applicant, he may accept the trademark. Then, he will publish it in Trademark Journal, and proceed toward registration.

However, if he is not satisfied with the reply to the Examination Report, he shall call the applicant for a Trademark Hearing by issuing a show-cause notice.

They conduct a trademark hearing, also known as a TLA hearing or Show Cause Hearing, when the Trademark Examiner raises objections to the trademark application, and even after receiving a response to the examination report, he remains dissatisfied with the submissions.

The applicant can attend the trademark hearing either in person or through a Trademark Agent/Attorney. However, if no objections are raised, the application is approved and then published in the Journal.

• To prevent the Trademark from being rejected or abandoned

If the applicant has responded to the examination report by submitting a trademark objection reply and the trademark examiner remains unsatisfied with the response, then the applicant must attend the hearing to provide additional justification. Failure to do so could lead to the Examiner rejecting or abandoning the trademark application.

• It gives an opportunity for the submission of additional evidence or documents

When they conduct a trademark hearing, the applicant receives another chance to explain why their mark deserves registration and why the objection remarks should be dismissed by the Examiner. The applicant may also provide or submit any additional evidence or documents (if required) at the time of the hearing.

• Registrar has the power to accept the trademark application with conditions, amendments, modifications, or limitations

In case the trademark examiner has objected to a trademark:

The examining officer at the hearing shall still have the power to accept the trademark along with certain conditions/limitations/amendments/modifications.

Trademark hearing takes place at the jurisdictional Trademark Registry Office. There are a total of 5 Trademark Registry in India that have territorial jurisdiction across different zones.

Yes, the applicant can make a request for adjournment i.e. postponement or rescheduling of the hearing with reasonable cause in Form TM-M with the prescribed fee, at least 3 days before the date of the hearing. After which the Registrar if thinks fit to do so with certain terms and conditions may adjourn the hearing and intimate the parties accordingly.

However, an applicant cannot apply for adjournment more than 2 times and each adjournment shall not last for more than 30 days.