Trademark Hearing in India

Trademark Hearing in India

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.

Trademark hearing is an issue that necessities legitimate trademark lawyers close by. The correct lawyer’s choice can prompt your trademark being acknowledged by the enlistment center.

Thusly, you should search for little more than the best trademark lawyers. Luckily, can furnish you with legal guide that has perseverance, ability and self control to get your dismissed trademark, acknowledged.


Documents for the trademark hearing vary from case to case, but few of the documents are mentioned below for reference: –

  1. Power of Attorney to be executed in favor of trademark attorney
  2. 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.
  3. 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.
  4. 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.    
  5. Proof of Business
  6. Examination Report
  7. Hearing Notice


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


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. is the leading trademark consultant for trademark registration online. With our experienced trademark attorneys and trademark agents you can easily get your trademark registration or brand name registration within 1 day at reasonable cost.

Trademark registration in Delhi_ Trademark Registration in Chennai_ Trademark registration in Mumbai_ Trademark Registration in Kolkata _ Trademark Registration in Bengaluru.


You get three chances to appear in the hearing.

Until and unless the trademark is either accepted or is rejected, the hearings shall go on.

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?

If it is not successful, there will be a Refusal Order passed that explains the reason for the refusal.

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.

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.

The applicant may request a hearing adjournment if he/she is not able to attend it.

Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.

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