Trademark hearing procedure in India | Documents | Fees
Trademark hearing is nothing but an appearance before the registrar of trademarks either in person or through trademark agent or trademark attorney for removing the objections raised under examination report issued earlier few days after Trademark Registration application. The chances for trademark objection are high nowadays and trademark hearing happens if the registrar does not get satisfied with the reply filed against the objection raised in the examination report in the process of trademark registration.
After submitting the reply within 30 days from the date of issuance of the examination report, the registrar goes through the reply and read all the submissions made therein. It is at the discretion of the registrar whether to accept the submissions and defense of the reply filed. If unsatisfied with the trademark reply filed, the trademark status will get changed to “Ready for show cause hearing” and in few months hearing notice will be issued inside which the date and time of the hearing will be mentioned. The name of the concerned hearing officer will be mentioned on the same day of the trademark hearing. It is important to track your trademark status online in order prevent your brand name getting abandoned.
DOCUMENTS REQUIRED FOR TRADEMARK HEARING
Documents for the trademark hearing vary from case to case, but few of the documents are mentioned below for reference: -
Power of Attorney to be executed in favor of trademark attorney
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.
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.
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.
Proof of Business
PROCEDURE OF TRADEMARK HEARING
As per the time and date mentioned in the hearing notice, the person or his agent/trademark attorney has to be present before the authority with the requisite documents and submissions. No dress code has been specified for the hearing but it has to be formal. After reaching to the concerned trademark officer, the case has to be put up along with your submissions, documentary evidences and relevant case laws, After putting up your complete case to the officer, he will either give his decision at that moment only (accepted or abandoned) or he will hold his decision for few days.
JURISDICTION OF TRADEMARK HEARING
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
HOW TO ADJOURN TRADEMARK HEARING
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. If you do not attend trademark hearing, the concerned officer may adjourn 2 to 3 times on his discretion, but not more than that and your trademark will get abandoned.
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