What is the Trademark Hearing Process?

A trademark hearing process is nothing but removing the objections raised under the examination report issued a few days after the trademark registration application before the Registrar of Trademarks either personally or through a trademark agent or trademark attorney. This notice must include an appearance before the tribunal where the applicant or the applicant's representative must be present in the case.

The trademark registration process provides a specific period for the general public and other competitors to express their objections. To overcome the objections raised against the trademark under review, the report must be made public after the registration of the trademark. After that, a trademark hearing is also conducted before the Registrar of Trademarks.

During trademark hearings, it is important to be physically present with a legal representative. Trademark objection is very important and if the Registrar is not satisfied with the response filed against the objection, the trademark registration will be canceled and the trademark certificate will not be issued in time.

Trademark Hearing Process in India

Following is the procedure for trademark hearing in India.

• Notice of Trademark Hearing

After a notice of trademark hearing is received from the appropriate institution, a draft of the notice should be prepared, including any relevant information that will assist the institution in resolving the objection

• Individuals or Trademark Attorneys must Appear

The person or his trademark/agent's advocate must appear before the authorities with the relevant documents and produce them on the terms and date provided in the notice of hearing. No specific dress is required, although it is expected to be formal.

• Beginning to Prepare for Trademark Hearing

Write a letter opposing the trademark hearing. Gather all relevant evidence, such as purchase orders, screenshots from websites, vendor invoices, and any other documents that can help you prove your position and legalize your trademark adoption.

• Trademark Hearing before Registrar of Trademarks

Following are the details of the hearing of the trademark before the registrar;

• The trademark hearing process is as after you submit all your content to the trademark registrar, the trademark registrar will evaluate it and consider all the evidence provided by you or your lawyer, detailing all the information surrounding your trademark. If the Trademark Officer is satisfied with the information, your trademark will be accepted, Or
•  If the Trademark Officer is not satisfied with the information it will be rejected. The Trademark Officer has full right to reject it on the spot or suspend it for a few days if it feels that further clarification is required. This is a process of India trademark hearing.

Documents required for Trademark Hearing

The documents required for a trademark hearing may vary depending on the situation, however, some of them are listed below for your convenience

• Power of Attorney: This allows legal authority on behalf of the trademark attorney
• Authorization Letter: The candidate must provide an authorization letter authorizing the lawyer or any other person to attend the hearing
• Affidavit of Practice: The date your trademark was used is crucial to its registration. Therefore, by opting for an affidavit of use for trademark registration, the candidate shows the date of use and practice of the mark. Candidate should provide all the information about how the brand name is used in the affidavit
• Additional Submissions: For reference, be sure to include a list of pertinent details such as relevant case laws and precedents for your case. You should also submit evidence supporting your claims and showing that your trademark is eligible for registration. Business proof, examination report, hearing report, and notice should also be provided.

Procedure for Adjourning a Trademark Hearing

A trademark hearing process can be extended to attend by the Director concerned or It can be postponed or adjourned by filing a trademark hearing adjournment form with a fee or costs of 900, but it must be filed at least 3 days before the hearing. Timing If you fail to attend the trademark hearing, the relevant administrator may adjourn the hearing two to three times at his discretion, but not more than that, and your trademark will be rejected.

Venue of Trademark Hearing

All states and union territories are assigned the following five location zone, which constitutes the territorial jurisdiction for trademark applications and hearings.

• Mumbai: States of Madhya Pradesh, Maharashtra, Goa, and Chhattisgarh
• Ahmedabad: Rajasthan, Gujarat, Dadra, Diu, Daman, and Nagar Haveli are all union territories
• Kolkata: Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand and the Union Territories of Andaman and Nicobar Islands, and Nagaland are all covered.
• New Delhi: Jammu and Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, and Union Territories of Chandigarh and Uttarakhand
• Chennai: Andhra Pradesh, Tamil Nadu, Telangana, Kerala, Karnataka, Lakshadweep Island, and Union Territory of Pondicherry

Trademark Hearing through Video Conferencing

Due to the Covid-19 pandemic, all trademark hearing processes scheduled during the lockdown period were ignored. Trademark authorities are afraid to interact with the public at large to prevent the spread of the coronavirus and therefore, All trademark processes stopped somewhere. Accordingly, the Trademark Authority has decided to conduct trademark hearings through video conferencing under the Trademark Rules, 2017.

The Government of India amended the Trademark Rules, 2017 effective March 6, 2017, to make the entire process of trademark registration easier and faster with a strong drive towards digitalization, the entire trademark process will become smooth and fast. Also, the hearing process of the trademark online system allows the trademark applicant or their attorney to easily conduct online video conferencing from their own premises/office with the use of a desktop/laptop equipped with a camera, microphone, and speaker. As a result of improved communication, and transparency, participants are more in sync, conclusions can be drawn faster, and productivity increases.

Procedure for Online Trademark Hearing

Following is the trademark hearing process.

1. The initiator (office) transfers through email a trademark hearing link
2. Access details through the video conferencing system
3. Users should follow the instructions given in the email.
4. Conferencing will take place as per the booked time.
5. Also, the initiator and other participants can communicate via webcam, mic, and speaker on their laptop/desktop.

Trademark Show Cause Hearing

trademark hearing process for show cause is as after examining the application for registration of a trademark and finding any objection to the acceptance of the application for registration, the examination report along with the objections is sent to the applicant/applicant's authorized agent.

The exam report along with application details of the respective application is also uploaded on ipindia official website. The applicant or his authorized agent responds to the objections of the office. The response is duly considered if the objections can be waived based on the applicant's response, the application is accepted for registration, and it is published in the Trademark Journal. If no opposition is received or received to the published application, a judgment is given in favor of the applicant; the application is moved for registration.

The trademark hearing officer oversees the work of the Examiner of Trade Marks. It is also appointed to hear show cause cases and is authorized to accept trademark applications for registration. He is responsible to the Controlling Officer

Trademark Application Status is Showing 'Ready for show cause hearing'

If the Office's objection to the acceptance of the application for registration cannot be waived given the applicant's response to the examination report of his trademark application, the matter is set for a trademark hearing. This hearing, commonly known as a Show Cause trademark hearing process, is scheduled and held at the appropriate office of the Trade Marks Registry.

A notice of hearing is sent to the applicant/agent/advocate concerned, informing him of the application number and date of hearing. Notice of hearing is usually sent approximately 15 days before the hearing date. You can get the cause trademark hearing list for hearing cases on the ipindia official website.

Show trademark as a hearing is simply an appearance before the Registrar of Trademarks. The applicant or his agent on his behalf may attend the hearing.

Details of Trademark Hearing Notice

Generally, when the Trademark Registry is not satisfied with the response to the examination report, it issues a Show Cause Hearing Notice. Hence, the hearing is the last shot to convince the registry against the objections they have raised.

• Trademark Hearing Fees

Trademark hearing process fees depend on the professional opinion.

• Trademark Hearing Status

The Trademark Hearing Board issues a notice of hearing to the respondent. To check the status of the hearing, you must request the board.