Trademark Hearing2022-07-18T12:17:27+05:30

Trademark Hearing in India

Trademark Hearing in India is conducted when the trademark application is objected and response to such examination report is submitted to the Trademark Examiner and he is still unsatisfied with the Trademark owner’s justification.

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    Trademark Hearing in India

    Once the Trademark application is filed with the Registrar of Trademarks, it passes through various stages. In the initial stage, the Trademark Examiner examines the trademark application and if he finds that the application is incorrect or similar to an existing trademark or 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, publish it in Trademark Journal and proceed towards registration. However, if he is not satisfied with the reply to the Examination Report, he shall call the applicant for Trademark Hearing by issuing a show-cause notice.

    Trademark hearing or TLA hearing or Show Cause Hearing is conducted when the trademark application is objected and response to such examination report is submitted to the Trademark Examiner and he is still unsatisfied with the submissions. The applicant can attend the trademark hearing either in person or through Trademark Agent/Attorney. However,  If there is no objection raised, it is passed and then further published in Journal.

    Significance of Trademark Hearing in India

    • To prevent Trademark from being rejected or abandoned

    If the applicant has responded to the examination report by filing a trademark objection reply and trademark examiner is not satisfied by the reply, then the applicant has to mandatorily attend the hearing for providing further justification, otherwise the trademark application may be rejected or abandoned by the Examiner.

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

    When a trademark hearing is held, the applicant gets another opportunity to justify as to why his mark should be registered and why the objection remarks should be waived off by the Examiner. Applicant may also provide or submit any additional evidence or documents (if required) at the time of hearing.

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

    In case the trademark examiner has objected a trademark, examining officer at the hearing shall still have the power to accept the trademark along with certain conditions / limitations / amendments / modifications.

    Where is Trademark Hearing in India held?

    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.

    • Trademarks Registry Mumbai –

      For applicants residing in the State of Maharashtra, Madhya Pradesh, Chhattisgarh, and Goa

    • Trademarks Registry Ahmedabad –

      For applicants residing in the State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra, and Nagar Haveli

    • Trademarks Registry Kolkata –

      For applicants residing in the State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand, and Union Territories of Nagaland, Andaman & Nicobar Islands.

    • Trademarks Registry, New Delhi –

      For applicants residing in the state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi, and Union Territories of Chandigarh.

    • Trademarks Registry, Chennai –

      For applicants residing in the state of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka, and Union Territories of Pondicherry and Lakshadweep Island.

    Can the Trademark Hearing in India be adjourned?

    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 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.

    What Is Included In Our Trademark Hearing in India package?

    • Examination of Objection or Opposition remarks

    • Consultation and Advisory on the hearing matter

    • Filing of Preliminary Documents before Hearing

    • Attendance of Hearing by our Representative

    • Updating the status and proceedings of Hearing

    Process for filing Trademark Hearing Package

    • Notice for Show Cause Hearing

      On finalization of the hearing date, the Trademark Office shall send a show-cause notice mentioning the date, time, and place of the hearing and will ask the applicant to appear in person or through an authorized representative.

    • Authorization Letter or Power of Attorney to our Representative

      An authorization letter or power of attorney has to be given by the owner/applicant of trademark to our representative, authorizing the Agent or Trademark Attorney to appear on his behalf before Trademark Registrar or Examiner.

    • Preparation for the Trademark Hearing

      Our team will go through the application and prepare the relevant submissions which are required to be given to the Hearing Officer for grant of registration of trademark.

    • Hearing before the Trademark Examiner

      Our representative shall attend the hearing on the scheduled date before the Trademark Examiner and submit valid justification in order to get the trademark registered.

    • Final Decision by Registrar of Trademark

      After the hearing and submission of required evidence and documents, it is at the discretion of the Trademark Examiner whether to allow, refuse or abandon the trademark application. The decision can be pronounced during the hearing or the Registrar can hold his decision for few days.

    Documents Required in Trademark Hearing in India process

    • Trademark name and application number

    • Examination Report issued by Trademark Examiner

    • Trademark Hearing Notice

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • Power of Attorney/Authorization letter

    • Affidavit of usage

    • Additional submissions – Any kind of goodwill earned through the usage of trademark or relevant documentary evidences supporting the case has to be submitted.

    FAQ

    Do I need to be physically present during the hearing process?2021-09-14T18:38:24+05:30

    No, there is no mandatory requirement for the applicant to be present during the hearing process. The trademark hearing can be attended by an authorised representative through a power of attorney on behalf of the applicant.

    How long does it take for a trademark to be registered after a trademark hearing?2021-09-14T18:38:45+05:30

    Once a hearing is conducted it is at the discretion of the Trademark Registrar to accept or refuse the application, if the trademark is accepted during the hearing the trademark application status will change to “Accepted and Advertised” and thereafter it will be published in Trademarks Journal for a period of 4 months and eventually it will get registered.

    Who can attend the Trademark Hearing on behalf of the applicant?2021-09-14T18:39:12+05:30

    A registered Trademark Agent or Attorney can appear before the Examiner or Registrar of Trademarks during the hearing.

    What if Registrar refuses or rejects my Trademark application at the Hearing?2021-09-14T18:39:57+05:30

    If the Registrar of Trademark refuses or rejects the trademark application, then the applicant may appeal to the IPAB (Intellectual Property Appellate Board) within 3 months.

    Is there any government fees to be paid for appearing at the Hearing?2021-09-04T19:39:56+05:30

    No, there is no government fee required for appearing at the Hearing.

    If Registrar accepts the trademark application at the hearing, will my trademark be directly registered without further process?2021-09-04T19:38:58+05:30

    Once the trademark application is accepted by the Registrar or Examiner at the hearing, it shall be then published in the Trademark Journal for a period of 4 months, if during those 4 months it doesn’t receive any opposition then the trademark will be registered thereafter.

    What will happen if I don’t attend the Trademark Hearing and instead file a new trademark application?2021-09-14T19:47:42+05:30

    If you don’t appear for the trademark hearing, then the applied trademark shall be abandoned by the Registrar of Trademarks and the applicant shall lose an opportunity to register the particular trademark. In case an applicant files for a new mark there is no surety that the trademark would be accepted, therefore, it is advisable to go for the hearing if the mark is distinctive, not descriptive or not similar to any other mark.

    Can the Registrar of Trademark put any conditions, amendments, modifications, alteration or limitations before accepting a trademark?2021-09-04T19:36:30+05:30

    Yes, a Registrar of Trademark may accept a Trademark Objection Reply, subject to such conditions, amendments, modifications, alteration or limitations as he may think fit to impose.

    My reply to Trademark Objection was filed, but still, the status is objected?2021-09-04T19:35:26+05:30

    Registrar may take 8 to 12 months for reviewing and verifying the reply filed by the applicant and then proceed it towards publication in trademark journal or call for a hearing.

    The status of my trademark is “Ready for Show Cause Hearing” what does it mean?2021-09-14T19:48:04+05:30

    It means that the Registrar of Trademarks is not satisfied with the reply of the Trademark Objection filed and now the matter will be listed for hearing at the specified date where the applicant will be given one more opportunity to justify the registration of his trademark.

    What if a similar name is already registered, will I get a trademark for a similar name?2021-09-04T19:26:59+05:30

    As per the Trademark law, if you are using a certain brand name for many years, you can still be granted registration keeping in mind the goodwill attached with your name over the years. In other cases, it is difficult to get the registration of your brand name.

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