Trademark Hearing

A trademark hearing is a physical appearance in front of the Trademarks registrar. It takes place when the objections to the acceptance of the application for registration cannot be waived after considering the applicant’s response to the examination report.

The hearing of trademark which is also known as a show cause hearing is scheduled and performed at the office of the Trademarks registry.

After the submission of the reply, the concerned officer peruses the responses and all the submissions stated thereunder. However, in case the registrar is not satisfied with the submission, then it is put under ‘Ready for show cause hearing’.

Trademark Hearing Process

The applicant or their attorneys must be present before the officer, conducting the hearing in a proforma manner on the date and time getting summoned. The following are the steps for the hearing process:

Step 1: Notice of Hearing –

Once the notice is received by the officer, a draft of the notice is to be prepared, containing the relevant information that helps the company in resolving the objection.

Step 2: Applicant or its Trademark Agent must appear –

The person or his trademark attorney must be present in front of the authorities with the required papers and submissions on the given conditions and the date and time provided in the hearing or TLA notice. There is no specific dress mentioned but it should be in formal attire.

Step 3: Starting the Preparation of Trademark Hearing –

Initially, write a letter of opposition to the hearing. The relevant evidence must be collected such as purchase orders, screenshots from the web browser, vendor invoices and any other documents which can help in proving the point of position and also in legislation in accepting the trademark.

Step 4: Hearing in front of Registrar –

After the presentation of the documents in front of the registrar. The officer will evaluate and check the proof, evidence and information of the trademark in depth provided by you or your agent. The trademark will be accepted when the officer is satisfied with the information given or it will be refused if remaining unsatisfied. The trademark officer has full authority to reject or suspend for some time when further clarification is required.

Documents Required for Trademark Hearing

The documents required for the hearing are as follows:

• Power of attorney
• It is to be executed in favor of a trademark attorney.
• Letter of authorization
• To authorize the agent or any person for attending the hearing an authorization letter shall be given by the applicant.
• Affidavit of usage
• A date of usage plays an important role in getting your trademark registered. The applicant must focus on the date of usage of filed trademark by a usage affidavit for the same. In the affidavit, the applicant must give complete details about the usage of the trademark.
• Additional submissions
• Make sure to keep the trademark hearing list including details of relevant case laws and examples for the case with supporting evidence and the trademark is qualified for registration.
• Copy of Trademark application (TM-A) and number
• Copy of examination report
• Copy of reply to the examination report
• Proof of business and supporting documents
• Invoices from the date of the first usage of the brand
• Purchase orders
• Invoices from vendors
• CA certificate certifying the revenue earned/ expenses made to date in the name of the brand
• Brochures, visiting cards, letterheads
• Advertising material
• The above-mentioned details are required at the time of the hearing of his trademark's applicant or his authorized agent.

Process of Attending Trademark Hearing Online

The Controller general of patents, designs and trademarks (CGPDTM) has issued a public notice where the CGPDTM has issued notification the COVID-19 and provisions under Trademark rules, 2017, show cause hearings for trademark and the related matters are conducted via video conferencing.

The points to remember in case of a show cause hearing through video conferencing are as follows:

• Consent Required – Show cause hearing through video conferencing will be scheduled for those matters where the applicant or authorized agent gives consent and confirms their participation in the hearing.
• If the applicant or its authorized agent as the case may remain absent on the date of hearing the application will be decided as per law.
• The trademark hearing link for video conferencing is given.
• The manner for Submitting Consent – For submitting consent for hearing through conferencing or its agent shall submit its request by writing.

Territorial Jurisdictions of Trademark Offices in India

The jurisdiction and hearing board for trademark application and its hearing is divided into five zones, including listed states and union territories as follows:

Mumbai: The states of Madhya Pradesh, Goa, Maharashtra and Chhattisgarh come under the jurisdiction.

Ahmedabad: The states of Gujarat, Rajasthan and the union territories of Daman & Diu, Dadra and Nagar haveli.

Chennai: In union territories like Lakshadweep Island and Pondicherry. The states Kerala, Tamil Nadu, Andhra Pradesh, Karnataka and Telangana are Trademark hearing boards.

New Delhi: Union territories of Chandigarh and the states of Jammu and Kashmir, Haryana, Himachal Pradesh, Delhi, Punjab and Uttarakhand.

Kolkata: States like Bihar, Orissa, Manipur, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Sikkim, Assam, and Jharkhand. The union territories (UT) of state Nagaland and Andaman & Nicobar.

Trademark Application Status Shown as ‘Show Cause Hearing’

When a trademark application is filed, the examiner reviews all of the application’s details. They issue an examination report when they find out the relevant grounds for refusal. The applicant must file a response to the examination report within one month of the notice’s issuance.

When the trademark hearing officer does not find the response to the examination report satisfactory, they usually issue a show cause hearing notice. As a result, the hearing is the last chance to persuade the registry to waive their objections.

After responding to the objection, raised in the examination report issued, the registrar reviews your response and it is necessary to hear the applicant or attorney before passing an order, they issue a notice of hearing.

The applicant or agent should appear before the officer who is designated for that particular hearing and also submit the documents and evidence.

The applicant has to show the concerned officer documents such as the power of attorney, letter of authorization, proof of business, and related case laws where the marks with identical goals were accepted for registration are the documents submitted for trademark hearing.

Any other proof for identification of its distinctiveness or usage or popularity of the mark. The applicant or his agent has to convince the designated officer to accept their mark and follow rules and regulations of the Trademarks act, 1999.

The hearing officer can give his decision or adjourn the hearing and ask the applicant or his agent to submit the necessary documents on a specific date. The hearing of a trademark can only be adjourned based on the reasons 2-3 times. After adjournment, the next appearance in front of the officer can set a day and date or the applicant can file an application to the registry of trademarks for the next hearing of the trademark.

If the trademark hearing officer is convinced by the applicant or his agent’s arguments, he may inform the applicant or agent of the outcome of the hearing on the spot. After hearing the arguments, the hearing officer may accept the mark for registration and send it for publication in the Trademarks journal or refuse or abandon the mark when not satisfied or adjourn the hearing

A notice of communication must be sent to the applicant or agent, for all types of orders given by the officer. The letters shall be sent to the applicant/ applicant’s authorized agent concerned, within one week of the order.

The applicant or attorney is expected to follow the order of the hearing officer. In the situation of an aggrieved person can file an appeal in front of the officer, according to the provisions of the Trademarks law.

Adjournment of a Trademark Hearing

Trademark adjournments are common and are a part of the trademark application prosecution process. Adjournment means the trademark is not dealt and the date for the next hearing is scheduled. There are two ways when the adjournment of the hearing of the trademark is performed as given below:

1. By conducting officer themselves –

A trademark can be adjourned by an officer supposed to conduct the hearing when the applicant’s present.

2. By filling a TM-M form –

It must be three days prior to the hearing, or else it could be detrimental to the case. The government fees for Form TM-M are Rs. 900. This extension request for a trademark hearing is applied for one month, it is observed that the next date for the hearing comes after two-three months or more.

It must be three days prior to the hearing, or else it could be detrimental to the case. The government fees for Form TM-M are Rs. 900. This extension request for a trademark hearing is applied for one month, it is observed that the next date for the hearing comes after two-three months or more.

The hearing notices of a trademark can be checked by anyone on the government website of IP India trademark registration. The applicant may inspect the application online and download the notice issued from correspondence.

Eliminating Trademark Hearing in Trademark Registration Process

There are few choices when selecting a trademark can lead to an objection, and adds the hearing phase to the trademark registration procedure. With help of the right trademark for registration, you can avoid the hearing procedure from the beginning

The following points can help you to choose a trademark for reducing the likelihood that will raise the objection:

• A symbol, word, brand, slang, letter, signature, number, color combination, packaging or any combination of the qualities must be included in a trademark.
• It must be distinct and unique. A trademark must be simple for the general public to pronounce and spell.
• The best trademarks are created words or other geometrical patterns and designs.
• It can be indicative of the product’s nature and not descriptive.
• A trademark should not be excluded from the Restricted categories of the Trademarks Act.

Benefits of Trademark Hearing

The following are advantages of hearing as follows:

Full Legal Protection:

When a trademark is registered, the owner has the right to sue legally by claiming damages and can continue to use the mark in the market.

Creates a Brand Image:

Since trademark registration falls within the scope of a company’s intellectual property; it can be sold, changed or approved for generating revenue.

Creates trust:

Any buyer who purchases a brand with a registered trademark is safe and secured.

Correct Assistance:

The person will remove all the doubts and confusion with the mark authentically