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.

What Is The Trademark Hearing Process?

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.

Which Documents are Required for Trademark Hearing?

The documents required for the hearing are as follows:

• Trademark application number
• Copy of Trademark application (TM-A)
• Copy of examination report
• Copy of reply to the report of an examination
• Hearing or TLA notice- TLA hearing refers to a hearing before the registrar of trademarks in connection with the objections raised by the registrar under the examination report.
• Letter of authorization – It is quite imperative for the applicant or their representatives (on the applicant’s behalf) to carry along the letter which allows the lawyer or any other person to attend the hearing.
• Affidavit of usage – An affidavit of practice is a position of consent that comprises of date a trademark is registered. The trademark hearing list contains the number of trademark opposition cases raised by the plaintiff during the accused trademark’s publication in the trademark journal. The candidate shows the usage affidavit and date of the practice of the mark with all the information about how the trademark is used in the affidavit that was made.
• Power of attorney – This permits legal powers to act on behalf of a trademark attorney.
• Additional submissions – For reference, make sure to list the details such as relevant case laws and instances for your case with supporting evidence of claims and the trademark is qualified for registration. The examination report, hearing report, business evidence and notice should also be provided.

Jurisdictions of Hearing of Trademark in India

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:

• Ahmedabad: The state of Gujarat, Rajasthan and the union territories of Daman & Diu, Dadra and Nagar haveli.
• Chennai: Union territories like Lakshadweep Island and Pondicherry. The states are Kerela, Tamil Nadu, Andhra Pradesh, Karnataka and Telangana.
• Mumbai: The states like Madhya Pradesh, Goa, Maharashtra and Chhattisgarh come under the jurisdiction.
• New Delhi: Union territories of Chandigarh and the states of Jammu and Kashmir, Haryana, Himachal Pradesh, Delhi, Punjab and Uttarakhand.
• Kolkata: States like Bihar, Orrisa, Manipur, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Sikkim, Assam, and Jharkhand. The union territories of Nagaland and Andaman & Nicobar Island.

How to Attend 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 confirm 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.

Important Points to Keep in Mind at the Time of Trademark Selection

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.

• A Trademark must include a brand, heading, word, letter, signature, package, numerical or color combination or any combination of the above.
• A Trademark should be easily pronounced and spelled as well.
• The hearing board of trademark issued a hearing notice to the defendant. You can check the trademark hearing status by making a request to the board.
• A good trademark is easy to say, spell and easily recognized.
• A Trademark should be distinct and might be either natural or individual.
• Designed words, coined words, or any geometrical patterns and designs make the best trademarks.
• 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.

Conclusion

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.