Trademark Hearing in India

Once the trademark application is filed with the Trademark Registry using TM-A form, it gets forwarded to the trademark examiner. The task of the examiner is to check whether the application is in compliance with the Trademarks Act 1999. 

If the examiner discovers any issues or has objections with the trademark, an examination report is issued by them that highlights all the concerns. The applicant must respond to this report by submitting a written response within the prescribed time frame. 

If the examiner remains unsatisfied even after the applicant’s response or requires additional clarification, then the matter may be scheduled for a trademark hearing. In this blog post, we shall discuss what trademark hearing means.

Trademark Hearing: Explained

Trademark hearing meaning can be explained as a formal proceeding conducted by the Trademark Registry in the following cases:

(i) When the examiner is not convinced with the applicant’s written response to the trademark examination report; or

(ii) When further clarification is necessary; or

(iii) When a third party has filed an opposition. 

This proceeding is conducted through the Trademark Law & Administration (TLA) Hearing Board in India or the Trademark Opposition Hearing Board, which are quasi-judicial bodies under the Trade Marks Registry.

During the hearing, the applicant must justify why the trademark must be accepted despite the objections/oppositions raised against it. This hearing generally is overseen by a Trademark Hearing Officer from the appropriate Trademark Hearing Board.

By clicking on the trademark hearing link, one can access the trademark hearing cause list and check the trademark hearing dates mentioned in the list.

Documents Required in Trademark Hearing Process

Documents required during trademark hearing process include the following:

• Power of Attorney: This document is necessary if you choose a trademark attorney to represent you.

• Letter of Authorization: This is required if someone other than yourself is representing you at the hearing.

• Affidavit of Usage: This document provides details about how you have used your brand name and can strengthen your case.

• Business Proof Documents: You must provide documents that demonstrate your ownership of the business (like Company Incorporation Certificate, LLP agreement, etc.) and your right to use the trademark.

• Trademark Examination Report: This report mentions concerns that the Trademark Officer raised regarding your application.

• Hearing Notice: This document notifies all parties regarding the date, time and location of the hearing.

Steps Involved in Trademark Hearing Process

The trademark hearing process takes place in the following order:

• Once the TM application has been filed, the trademark examiner reviews it. In case of any objections, they are outlined in the examination report and then sent to the applicant.

• A written response to the examination report must be submitted by the applicant within the prescribed time to address all the objections.

• If the response fails to convince the examiner, a hearing is scheduled. A hearing notice with date and time is sent to the applicant.

• Before the hearing, the applicant must prepare all the necessary documents. Additionally, it is advisable for applicants to take legal assistance for a trademark attorney.

• During the hearing, both applicant as well as the examiner get the opportunity to present their arguments and supporting evidence in the presence of the hearing officer. 

• After the hearing officer reviews the supporting evidence and arguments, they will finally decide whether they must accept or refuse trademark application.

• If the application is accepted, it will be published in the trademark journal. However, if it gets rejected, then the applicant may opt for appealing the decision.

Our Assistance with matters of Trademark Hearing in India

We at Registrationwala provide end-to-end solutions for Trademark Hearings. Our services include:

• Collection of information and starting the process
• Drafting the application
• Reviewing the draft and making changes if necessary
• Representing you in the Trademark Hearing

Registrationwala.com is a leading legal consultancy firm providing comprehensive services relating to Trademark Hearing

Contact us now if you seek us to represent you in a Trademark Hearing.

Frequently Asked Questions (FAQs)

Q1. Who can attend a trademark hearing?

A. The applicant or their legal representative can attend this hearing.

Q2. What is the cost of trademark hearing?

A. There is no specific government fee for trademark-hearing. However, a legal professional may charge a fee for their representation and assistance throughout the process. A senior lawyer with a decade of experience is likely to charge more than a junior lawyer with two years of experience. So, the exact fee varies.

Q3. How to check trademark hearing date?

A. You can check the trademark-hearing date by visiting the official IP India portal. Go to the homepage, then click on Trade Marks on the dashboard. In the drop down menu, click on Hearing Boards, then click on the appropriate hearing board like TLA Hearing Board or Opposition Hearing Board. After that, a new page will be displayed where you can check the trademark hearing dates list.