Trademark hearing procedure in India | Documents | Fees

Trademark Hearing Procedure In IndiaThe chances for trademark objection are high nowadays. A trademark hearing is nothing but an appearance before the registrar of trademarks. It happens if the department is not satisfied with the reply filed in the objection. It can be either in person or through a trademark agent or trademark attorney. A trademark hearing is for removing the objections raised under Trademark Registration.

Within 30 days from the date of issuance of the examination report, the applicant needs to file a reply. The examiner goes through the reply and read all the submissions made therein. It is at the discretion of the examiner whether to accept the submissions and defense of the reply filed. If unsatisfied with the reply filed, the status changes to “Ready for show cause hearing”. Thereafter, the department issues a hearing notice mentioning the hearing date on it. 

A trademark hearing could happen at the time of the departmental hearing. The same could happen during the opposition stage also. The name of the concerned hearing officer reflects on the same day of the trademark hearing. It is important to track your trademark online to prevent it from getting abandoned.

Documents require for trademark hearing

Documents for the trademark hearing vary from case to case. A standard set of documents is below for reference: -

Letter of authorization /Power of Attorney. : In favor of a trademark attorney or any person authorized.
Affidavit of Usage.- The date of usage plays a crucial role in getting your trademark registered. Thus,
More Documents. – short notes of the important things like case laws and examples related to your case. Along with evidence that makes your claim strong

Procedure for trademark hearing

You or your trademark attorney has to be there before the hearing officer. Requisite documents have to be there at the time of the hearing. No dress code is there for the hearing but it has to be formal. After the hearing, your mark will get accepted or refused.

Jurisdiction of trademark hearing

The territorial jurisdiction for the trademark application and hearings 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 a trademark hearing

If the hearing is not attended, the concerned officer may abandon the trademark. Or he can also adjourn the hearing for the want of appearance. You can also file form TM-M with fees of Rs 900/- at least 3 days before the date of the hearing.

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Trademark registration in Mumbai_ Trademark Registration in Kolkata _ Trademark Registration in Bengaluru.