Everything You Need to Know About Trademark Hearing

Trademark Hearing is an appearance before the registrar of trademarks either in person or through a trademark agent or attorney for removing the objections raised under the examination report. There are high chances for trademark objection when the registrar is not satisfied with the reply filed against the objection raised in the examination report in the registration process. After submitting the reply within thirty days from the date of issuance of the examination report, the registrar goes through the reply and read all the submissions. The name of the hearing officer must be mentioned on the same day of the hearing. In this blog, we will be discussing the detailed process, jurisdictions and documents required for the hearing. The hearing process after the reply is done and the registrar of trademark sends the applicant a show cause notice. The following are the steps for the hearing process is given: Notice of hearing – When the notice is received by the appropriate body, a draft of the notice must be prepared which includes any relevant information that assists the entity in resolving the objection. Person or Trademark attorney needs to appear – The applicant or his trademark agent or counsel must appear before the authorities with the relevant papers and submissions on such conditions and the date given in the hearing notice. Starting the preparation for the hearing – First of all, write a letter of opposition to a hearing. The relevant evidence must be submitted to the Trademark hearing officer such as purchase orders, screenshots from websites, vendor invoices and any other documentation that can help in proving the position and assist in legislation while accepting your trademark. Hearing in front of Registrar – Once the documents are presented in front of the registrar. The officer will evaluate and verify the proof and information of the trademark in detail given by you or your attorney. The trademark will be accepted only when the officer is satisfied with the information provided or it will be refused when unsatisfied. The trademark officer has complete authority to reject on spot or to suspend for a few days when further clarification is required. The documents required for the hearing are as follows: The regional jurisdiction and trademark hearing board for trademark application and hearing have been divided into five zones, each of which includes numerous states and union territories as follows: 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: There is some mistake that one should avoid while choosing a trademark that results in an objection and then adding the hearing steps in the registration process. The hearing of a trademark is an appearance before the registrar in person or through a trademark agent or attorney for removing the objections raised under the examination report and trademark hearing result issued at the time of trademark application. After the reply is made within 30 days from the date of issuance of the examination report, the registrar goes through the reply and read all the submissions made. When the registrar is unsatisfied with the trademark reply is filled. The trademark status will change to ‘Ready for show cause hearing’ and notice of hearing will be issued with the date and time mentioned therewith. The name of the concerned officer must be mentioned on the same day of the hearing. In this blog, we have learned the process along with the documents and jurisdiction of the hearing. What Is The Trademark Hearing Process?
Which Documents are Required for Trademark Hearing?
Jurisdictions of Hearing of Trademark in India
How to Attend Trademark Hearing Online?
Important Points to Keep in Mind at the Time of Trademark Selection
Conclusion