Trademark Hearing

Sonam Geda & Company

Overview of Trademark Hearing

The reply to the examination report for objection raised by registry for any reason is not always sufficient for getting the trademark accepted Therefore, the next step is the trademark hearing. The registrar of trademark issue the show cause notice to the applicant for the clarification to be given on his behalf. This notice requires appearance before a registrar either by the applicant himself or the applicant’s representative to be present the case.

Reasons of Hearing Notices

There are two reasons when hearing notices can be issued

Hearing notice for objection
Hearing notice after opposition is filled

Document Required for Trademark Hearing

Following are the documents required for trademark hearing:

Trademark examination report
Copy of reply to the examination report
Power of attorney .
Documents that the attorney may required to present your case.

Preparation before Trademark Hearing

Applicant must be ready with grounds and proof how your Trade Mark is different and what Brand Loyalty it has in the market so that it can be a strong to be accepted by the Registrar.

In case of opposition hearing applicant must be well equipped with advertisement campaign proof , customer base, brand loyalty and how is trademark not creating confusion from that of opponent trade mark and after the Registrar accepts the Trade mark will be registered.

Impact of not attending the Hearing (Non Compliance)

If hearing is allotted and not attended then it may be possible that your Trade mark application may be abandoned.

What is Trademark Hearing?

The reply to the examination report for objection raised by registry for any reason is not always sufficient for getting the trademark accepted. Therefore, next step is the trademark hearing. The registrar of trademark issues the show cause notice to the applicant for the clarification to be given on his behalf. This notice requires appearance before a registrar either by the applicant himself or the applicant’s representative to be present the case.

Which documents are required for Trademark Hearing?

Following are the documents required for trademark hearing:

Trademark examination report
Copy of reply to the examination report
Power of attorney .
Documents that the attorney may required to present your case.

What is Trademark?

A trademark is an intellectual property right which provides exclusive right to the brand of owner or business. A registered trademark is important intangible asset for any Business.
Trademark is a mark which may be in any of the form i.e. logo, slogan, word, name, device, graphics which gives unique identification to you and your business.
Trademark distinguishes its brand name under appropriate category of goods or services from other similar products or services originating from a different business. It gives a protective cover of the business’s investment.

What preparations are required before the hearing of Trademark?

Applicant must be ready with grounds and proof how your Trade Mark is different and what Brand Loyalty it has in the market so that it can be a strong to be accepted by the Registrar.

What are the steps involved in Trademark Registration?

STEP 1: Trademark Classification
STEP 2: Trademark Search
STEP 3: Trademark Application Filing
STEP 4: Examination Report
STEP 5: Objections Reply (If any).
STEP 6: Trademark Hearing (If any).
STEP 7: Advertisement in Journal
STEP 8: Wait for Opposition (If any)
STEP 9: Issue of Trademark Certificate
STEP 10: Trademark Renewal

What if Trademark Hearing is not attended?

If hearing is allotted and not attended, then it may be possible that your Trade mark application may be abandoned.

What are the reasons of issuing Hearing notice?