Trademark Hearing in India

When there is a serious issue with the way the application has been documented, with the trademark itself, or for other reasons, trademark objections may occur. While the response to the examination report is enough to aid you in having your application and trademark recognized, they are usually useless. In keeping with this, the trademark hearing comes next.

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Trademark Hearing in India

The trademark recorder will send the candidate a show reason notice following a useless reply and before the trademark hearing. This notice entails appearing before a council, where the candidate or the candidate's representative must be present to present the case.

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Documents Required for Trademark Hearing

The documents needed for the trademark hearing differ from case to case, but a few are listed below for your convenience:

Execution of Power of Attorney in Favor of Trademark Attorney.
Letter of authorization - The applicant must provide a letter of authorization in order to permit the attorney or any other person to attend the hearing.
Affidavit of Use: Getting your trademark registered depends heavily on the date of usage. By filling out a usage affidavit for a trademark, the applicant stresses the date when the trademark was first used. The applicant must provide all relevant information on the brand name's usage in the affidavit they have produced.
Additional Submissions - For future reference, be sure to keep a brief list of pertinent information, such as relevant case laws and instances. Additionally, you need to have documentation supporting your claim and showing the chance that your trademark will be registered.
Proof of Business.
Examination Report.
Hearing Notice

Jurisdiction of Trademark Hearing

Following are the five zones that make up the territorial jurisdiction for trademark applications and hearings, under which various states and union territories have been grouped:

Maharashtra, Madhya Pradesh, Chhattisgarh, and Goa are states.

AHMEDABAD: Gujarat, Rajasthan, Daman, Diu, Dadra, and Nagar Haveli are all Union Territories

Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand, and Nagaland and the Andaman & Nicobar Islands Union Territories are all part of Kolkata

Jammu and Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi, and Chandigarh Union Territories are included in NEW DELHI.

Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka, and the Union Territories of Pondicherry and Lakshadweep Island are all located in the city of Chennai.

How to Adjourn Trademark Hearing

The concerned officer can delay a trademark hearing for lack of attendance, or it may be postponed suo moto by filing Form TM-M with fees of Rs 900/- at least three days prior to the hearing date. If you don't show up for the trademark hearing, the concerned officer may adjourn up to three times at his discretion, but not more than that, at which point your trademark will be abandoned.

The best resource for online trademark registration is Legalstartup.in. With the help of our knowledgeable trademark attorneys and trademark agents, you may quickly and affordably register a trademark or brand name.

Obtaining a trademark in Delhi, Chennai, Mumbai, Kolkata, or any other city is the first step in the trademark registration process.

List of Requirements for the Ideal Mark

A trademark should appeal to the senses and convey the essence of the product. The following qualities of a powerful trademark should be considered before registering one:

The following qualities, such as brand, label, heading, signature, packaging, logo, and much more, should be clearly stated in a trademark.
It should be simple to read and pronounce.
It need to be brief and, ideally, simple to remember.
It must be Special.
The best trademarks are those that incorporate words, phrases, unique phrases, or different geometric patterns and designs.
It can't be descriptive; it can only be indicative of how the items are.

The Trademark Hearing Process

The trademark hearing procedure unquestionably covers the following features, notwithstanding the lack of a specific rule of conduct for the hearing.

On the designated day and time of the trademark hearing, the person or the trademark authority acting on their behalf shall appear in person before the council.
Presenting the issue to the individual trademark officer with your supporting materials, submissions, and pertinent legal precedents is required.
After hearing your whole case, the administrator will either immediately render his decision (rejected or authorized) or postpone it for a few days.

What may happen if you don't show up to the show cause hearing?

Failure to appear at a trademark hearing on the scheduled day may result in any of the following negative outcomes:

After reviewing the uploaded papers, the hearing officer will decide whether to accept or reject the mark; or
A new notice of a show cause hearing will be published by the Registry and no action will be taken.

What follows the hearing?

The Hearing Officer issues an order following the conclusion of the trademark hearing. The decision made might be any of the following:

They may approve your application.
They will reject the application if the Hearing Officer isn't convinced by the arguments.
The hearing officer may require the applicant to submit a TM-M form and make changes to the application.

Why is a notice of a show cause hearing issued?

When a trademark application is submitted, the examiners review all of the application's data. They publish an examination report if they discover any relevant grounds for rejection.

After that, the applicant has one month from the day the notification was issued to file a response to this examination report.

The trademark registrar often issues a show cause hearing notice when the reply to the examination report is not deemed adequate. Therefore, the Hearing is your last chance to convince the registrar to reject the concerns you stated.

The registrar reviews your response to the objection presented after you have had a chance to respond, and if they decide that an in-person hearing with the applicant is necessary before making a decision, they issue a notice of Hearing.

Then why does a trademark application result in a "Objection"?

The registry will object to any trademark application that fits one of the following descriptions:

The mark is so close to another trademark currently in use that it might cause misunderstanding.
The mark you applied for uses words that describe your business or services.
The mark is general and non-distinctive, meaning it is a widely used phrase. (For instance, wood, music, or a book).
It is a "illegal term."
The logo is offensive.
A community's religious feelings or beliefs might be offended by the mark, or there may have been an application error due to incorrect class information or a lack of required paperwork.

For your trademark hearing, get the best attorney.

When it comes to trademark hearings, you need have qualified trademark attorneys on your side. If your attorney makes the appropriate choice, the Registrar may accept your trademark. As a result, you should only search for the top trademark lawyers. Thankfully, you may receive legal assistance from Legalstartup that has the perseverance, ability, and resolve to have your denied Trademark recognized.

Our Support in India Trademark Hearing Matters

For Trademark Hearings, Legalstarup offers end-to-end solutions. Our offerings consist of:

Gathering of data and beginning of the process.
The application's draft.
Reviewing the document and editing it as needed.
You being represented at the trademark hearing.

Leading legal consulting company Legalstarup offers complete services for Trademark Hearing.

To have us represent you in a trademark hearing, get in touch with us right away.

Frequently Asked Questions

What is Trademark Hearing?: After a trademark objection reply is unsuccessful, a trademark hearing is held, during which the applicant or the applicant's agent must appear in person at the registrar's office to present their case for the mark to be advertised.
How many chances do I have to appear in the hearing?: You have three opportunities to show up for the hearing.
How many hearing would it take to get the trademark accepted?: The hearings will continue up until and unless the trademark is accepted or refused.
Can a register Trademark be removed from the register?: If the mark is incorrectly still listed on the register; it may be withdrawn upon application to the Registrar on a prescribed form.
What if the hearing is not successful?: If it is unsuccessful, a Refusal Order that details the grounds for the refusal will be issued.
What happens if I run my business with a rejected Trademark?: It is always advisable to challenge the trademark that was rejected and/or submit a fresh trademark application, as applicable. For legal action against infringers, trademark registration is required.
How long should I wait for the Hearing?: Within four months of making an objection, the Journal will publish your mark if it has been approved. The trademark will soon be registered if none of these third parties file trademark oppositions.
What happens if one cannot attend the Hearing at the schedule Date?: If the applicant fails to attend the hearing, they may ask for an adjournment.
Should I submit a User Affidavit along with the response to an onjection or examination report?: Yes. Mandatory submission of an affidavit mentioning trademark usage is required.