Trademark Hearing Procedure in India

 

If you are an entrepreneur and have applied for Trademark registration and have received a show cause notice for your Trademark application then there will be a need to present your case before the examiner stating the reasons why your mark should be accepted. In this article we shall understand the Trademark hearing process in India and will prepare you to take the right steps forward.

Read more : Merger And Acquisition (M&A) Procedure in India

What is Required for Trademark Hearing?


  • Letter of Authorization- The very first thing that is required by any attorney who is presenting its client’s case requires a letter of authorization. 

  • Documents- Following are the Documents that is required at the time of Trademark hearing

  1. Invoices from the date of first usage of the brand

  2. Purchase order

  3. Examination report

  4. Invoices from vendors

  5. CA certificate certifying the revenue earned/ expenses made till date in the name of the brand

  6. Brochures, visiting card, letterheads

  7. Social media marketing page screenshots

  8. Website screenshots, if any

  9. Advertising material

  10. Photographs of exhibition stalls

  11. Photographs of the packaging material having brand usage on it along with a printing bill with a date 

  12. Any other document containing the trademark brand name, logo, or tagline if applied for

  13. Proof of business


What are the Consequences of not attending the Trademark Hearing?


In case of not attending the hearing by your agent or attorney then the Registrar can-


  • After going through all the documents already submitted will either accept/ reject the Trademark

  • The Registry will not take any action and will issue a fresh notice of Show cause hearing



Adjournment of Trademark Hearing


Like any other case hearing, you can also adjourn trademark hearing two days prior to the date of hearing by filing TM-M Form.


Jurisdiction of Trademark Hearing


Since 2020, virtual modes of hearing have been made available, and at this point, all Trademark Hearings in India are conducted online. However, all states and union territories have been classified into 5 Regional Jurisdictions for filing Trademark Applications. We’ve listed them here:

Mumbai: The States of Madhya Pradesh, Maharashtra, Goa, and Chhattisgarh

Ahmedabad: The States of Rajasthan and Gujarat and Union Territory of Dadra, Diu, Daman, and Nagar Haveli.

Kolkata: The States of Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and Union Territories of Andaman & Nicobar Islands and Nagaland.

New Delhi: The States of Jammu & Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, Union Territories of Chandigarh and Uttarakhand.

Chennai: The States of Andhra Pradesh, Tamil Nadu, Telangana, Kerala, Karnataka, and Union Territories of Pondicherry and Lakshadweep Island.

Why is Show cause hearing Notice is issued?


When a Trademark application is filed, the examiner if found any discrepancy will issue an examination report and within 30 days reply to the examination report needs to be filed. Basically if the examiner is not satisfied with the reply of the examination report, he will issue a show cause hearing notice to the applicant to present its case. Hence, the Hearing is the final shot to convince the registry against the objections raised by them.


Expert attorney at BIAT Legal LLp will ensure that you never miss your hearing date and will keep you updated about your hearings. Our Intellectual Property experts ensure to clear your Trademark application and will make sure to get the hearing officer all the important points in applicant’s favour to be noted by him.

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