Trademark objections happen when there is a major issue with the manner in which the application has been recorded, with the trademark itself or some different reasons. While the reply to the examination report is sufficient to help you in getting your application and your trademark acknowledged, there are commonly that they are not useful. Along these lines, the following stage is the trademark hearing.
Trademark hearing is a procedure wherein after the reply has been fruitless, the recorder of trademark sends the candidate with a show cause notice. This notice involves showing up before a council where either the candidate or the candidate’s agent must be available to display the case.
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DOCUMENTS REQUIRED FOR TRADEMARK HEARING
Documents for the trademark hearing vary from case to case, but few of the documents are mentioned below for reference: –
- Power of Attorney to be executed in favor of trademark attorney
- Letter of authorization – In Order to authorize the attorney or any person for attending the hearing an authorization letter shall be given by the applicant.
- Affidavit of Usage- The date of usage plays a crucial role in getting your trademark registered. Thus, the applicant emphasizes the usage date of a trademark filed by filling a usage affidavit for it. In the affidavit prepared the applicant must give the complete details about the usage of the brand name.
- Additional Submissions – For reference make sure to keep the short notes of the important things like case laws and examples related to your case. Also, you must carry the evidence that makes your claim strong and prove the capability of your trademark getting registered.
- Proof of Business
- Examination Report
- Hearing Notice
JURISDICTION OF TRADEMARK HEARING
The territorial jurisdiction for the trademark application and hearings has been divided into 5 zones, under which different states and union territories have been categorized, which is as follows:-
MUMBAI: The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa
AHMEDABAD: The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
·KOLKATA: The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nicobar Islands.
NEW DELHI: The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh
CHENNAI: The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island
HOW TO ADJOURN TRADEMARK HEARING
Trademark hearing may either by adjourned by the concerned officer for the want of appearance or can be adjourned suo moto by filing form TM-M with fees of Rs 900/- but has to atleast 3 days before the date of the hearing. the concerned officer may adjourn 2 to 3 times on his discretion, but not more than that and your trademark will get abandoned, If you do not attend trademark hearing.
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FAQ
Q. How many chances do I have to appear in the hearing?
You get three chances to appear in the hearing.
Q.How many hearings would it take to get the trademark accepted?
Until and unless the trademark is either accepted or is rejected, the hearings shall go on.
Q.Can a registered trademark be removed from the register?
It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
Q. What if the Hearing is not successful?
Q. What happens if I run my business with a rejected Trademark?
It is always advisable to contest the rejected trademark and/or apply for a new trademark application, as the case may be. Trademark registration is mandatory for taking legal action against infringers.
Q. How long should I wait for the Hearing?
If your mark has been accepted, it will be advertised in the Journal within four months of raising an objection. If no such third parties raise trademark oppositions, the trademark will be registered in a couple of weeks.
Q. What happens if one cannot attend the Hearing at the scheduled date?
Q. Should I submit a User Affidavit along with the response to an objection or examination report?
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.
