Trademark Hearing process in India

Trademark Hearing Process in India

All you need to know about – Trademark Hearing Process in India

Introduction of Trademark Hearing

A trademark hearing before the Registrar of Trademarks, either in person or through a physical presence by a trademark agent or trademark attorney, for the purpose of removing the proposed objections under review from the trademark registration statement or report issued after the filing of the application Is. If the registering authority is not satisfied with the response filed against the proposed objection in the final report in the process of trademark certification, a trademark hearing is conducted. This article will help you in providing detailed information about the Trademark Hearing Process in India.

trademark hearing
Source: ipindia

An objection that may result in a trademark hearing in India

  • Incomplete information or wrong information in the application.
  • If similar existence of a trademark then it leads to a trademark hearing.
  • Further, any third party or member of the public may file a trademark objection in the public interest:
  1. When a trademark is registered by the Trademark Office, it is published in the Trademark Journal.
  1. When a trademark is used before it gets registered.
Trademark Hearing
Source: legalwiz

Information on Jurisdiction of Trademark hearing in India

The territorial jurisdiction for hearing trademark applications is divided into five regions, each consisting of a number of states and union territories, as follows.

  • Ahmedabad: All the states of Rajasthan and Gujarat, onward with the union territories of Dadra, Diu, and Daman, and Nagar Haveli.
  • Chennai: Union Territories like Lakshadweep Islands and Pondicherry. The states are Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, and Telangana.
  • Mumbai: States like Madhya Pradesh, Goa, Maharashtra, and Chhattisgarh.
  • New Delhi: The Union Territory of Chandigarh and the States of Jammu and Kashmir, Haryana, Himachal Pradesh, Delhi, Punjab, and Uttarakhand.
  • Kolkata: Orissa, Meghalaya, Manipur, Bihar, Tripura, Mizoram, Sikkim, Assam, Arunachal Pradesh, Jharkhand. Union Territories of Andaman & Nicobar Island, and Nagaland.

How to skip the Trademark hearing stage while Registering a Trademark?

Some mistakes happen while choosing a trademark, which results in objections, and then finally the process of trademark registration involves the stage of hearing. However, the hearing process can be avoided at the outset by choosing the right trademark to register. Given below are some of the criteria to keep in mind while selecting a trademark to reduce the risk of getting an objection to your trademark:

Trademark hearing in India

  • A trademark must consist of a device, brand, label, title, stamp, word, letter, signature, name, package, numerical, color combination, or any combination of the above features.
  • It should be easy to speak and write. A good trademark is one that can be easily pronounced and spelled by the public.
  • It should also be easy to recognize and remember. An excellent trademark that is easy to say and easily recognizable with its spelling. So that it is easy for the public too.
  • It should be different. It can be either a natural or acquired personality.
  • Designed words or words, coined words, or other geometric patterns and designs are the largest trademarks.
  • It can only be indicative of the nature of the product, not descriptive.
  • A good trademark should not be excluded from the restricted trademark categories of the Trademark Act.

Required Documents for Trademark hearing Process in India

  • Power of Attorney: Further used in partnership with a trademark attorney.
  • A permission letter must be supplied by the candidate authorizing the advocate or any other person to attend the hearing.
  • Affidavit of Practice: The date of practice is essential When it comes to trademark registration. Consequently, by selecting a Usage Affidavit for Registered Trademark, the candidate shows the date of use and exercise of the trademark. The candidate should include all the details regarding the usage of that brand name in the affidavit.
  • Additional Presentations: Keep short notes of important topics like case laws and precedents related to your case for future reference. You must also present evidence to support your argument and demonstrate the worthiness of your trademark to be registered.
  • Examiner’s Report on Business.
  • Hearing reports and notices.
trademark hearing process in india

Process of Trademark Hearing in India

  • Trademark hearing Notice

After the trademark hearing notice is received by the appropriate body, a draft of the notice should be prepared, including any relevant information that would assist the entity in resolving the objection.

  • Person or Trademark Attorney required to appear

The person or his trademark/agent’s attorney should appear before the authorities along with the relevant papers and submissions on the terms and date provided in the hearing notice.No specific dress will be required, although it is expected to be formal.

  • Beginning to prepare for a trademark hearing

Write a letter protesting the trademark hearing. Collect all relevant evidence, such as purchase orders, screenshots from websites, vendor invoices, and any other documents that enable you to prove your position and assist the law in accepting your trademark.

  • Trademark Hearing before the Registrar of Trademarks

After you have submitted all your material to the Trademark Registrar, the Trademark Registrar will evaluate it and look into all the evidence provided by you or your attorney, who has provided all the information regarding your trademark in detail. Your trademark will be accepted if the trademark officer is satisfied with the information, or rejected if the trademark officer is not satisfied with the information. The trademark officer has the full right to reject it on the spot or suspend it for a few days if he feels that further clarification is required.

What is the procedure for adjournment of a trademark hearing?

A trademark hearing can be extended for one appearance by the concerned director, or it can be suspended or adjourned by filing an application TM-M with a fee or cost of Rs 900, but it can be done at least 3 days before the hearing must be filed first. Time. If you fail to appear at the trademark hearing, the concerned administrator may, at his discretion, adjourn the hearing two to three times, but not more than that, and your trademark will be rejected.

procedure of trademark hearing in india

Frequently Asked Questions (FAQs)

What is Trademark Hearing jurisdiction?

The Trademark Application and Hearing territorial jurisdiction has been divided into five zones, in which each has different states and union territories.

What happens if someone Objects to a Trademark?

When a Trademark Hearing has been challenged the deadline for submitting the reports is one month from the date of receipt of the examination report. Following the receipt of written responses, the Registrar/ Examiner either accepts the Trademark or schedules a hearing for oral arguments.

How can I discover the Trademark Hearing date?

The agent/applicant/attorney involved receives a hearing notification advising them of the application number and hearing date. The hearing notification is usually sent 15 days before the hearing date. Furthermore, a Trademark show cause hearing is nothing more than a face-to-face meeting with the registrar of the Trademark.

How long will it take to register following the Trademark Hearing?

If the Trademark is approved by the Trademark examiner, it will be advertised the same day and placed in the queue for publication in a journal.

Trademark hearing fees?

A trademark hearing may either be adjourned by the concerned director for the appearance or can be suspended or adjourned moto by filing the application TM-M with charges or fees of Rs.4000, but has to be at least 3 days before the period of the hearing.

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