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Trademark Hearing Process

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Last Updated on June 1, 2024 by Kanakkupillai

The process of the trademark hearing is a significant stage in the trademark registration process that is aimed at resolving conflicts during a filing proceeding, which does not result in favour of establishing an answer to an examination report. The actual initiation of the trademark hearing process takes place when an application is transferred to the registrar of trademarks and an examination report correspondingly issued. Then, a show cause notice can be served to the applicant. In this article, important aspects of a trademark hearing process will be discussed. This article will discuss important aspects of a trademark hearing process.

Eligibility of Trademark Hearing in India

To make the trademark hearing an eligibility requirement, the concerned authorities need to disallow the response to the application regarding a trademark examination report. After the author accepts the reply, it will send the applicant a show cause notice, thereby initiating the trademark pursuit.

Important documents required for the trademark hearing include the following:

i) Examination Report: The report issued by the registrar of trademarks should be submitted.

ii) Reply to Examination Report: A copy of the reply to the examination report containing the applicant’s response should be submitted.

iii) TM-A Form: This form authorizes the attorney to act on behalf of the party involved in the hearing.

iv) Any Other Required Documents: Additional documents requested by the attorney or necessary for the hearing process should be submitted.

Process of Trademark Hearing in India

i) Appearance before the Council: The concerned person must appear on the specified date and time.

ii) Presentation of the Case: The case should be presented with relevant documents and evidence. If any additional documents are requested, they should also be submitted.

iii) Judgment: The proper officer can pass judgment during the hearing or after analyzing all the case facts.

iv) Hearing Status: The hearing status can be checked by seeking guidance from the hearing board of trademarks.

v) Adjournment of Hearing: If the concerned person fails to attend the hearing, the officer may take steps to abandon the mark. An extension of the hearing can be requested by filing the form, which should be submitted three days before the hearing.

vi) Attendance of Hearing: A trademark representative can attend the hearing on behalf of the applicant. The applicant doesn’t need to attend the trademark hearing.

Conclusion

The trademark hearing process provides an excellent opportunity for applicants to justify their trademark application if the reply to the examination report is not satisfactory to the proper officer. During the hearing, applicants can elaborate on the points proposed and present their case to the officer in charge of trademarks.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.