Trademark Hearing

A trademark hearing is scheduled by the Trademark Registry under certain circumstances during the registration process. It provides both the applicant and any opposing party the opportunity to present their case formally.
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Situations When a Trademark Hearing May Occur

  1. Objections Raised by the Trademark Examiner
    • If the Registrar finds issues with your application (e.g., similarity to existing trademarks, descriptiveness, or legal non-compliance), a hearing notice is issued.
    • The applicant must appear and present arguments and supporting evidence to address the objections.
  2. Opposition Filed by a Third Party
    • When a trademark is published in the Trademark Journal, any concerned party has 4 months to file an opposition.
    • If an opposition is filed and contested, the Registrar schedules a hearing to evaluate evidence and arguments from both sides.
  3. Hearing for Evidence Submission
    • During the opposition process, both the applicant and the opponent may be asked to submit evidence and attend a hearing to clarify claims.

What is the purpose of the Trademark Hearing?

• To provide a fair opportunity for both parties to present their case.
• To allow the Registrar to assess objections or oppositions before making a decision.
• To determine whether the trademark can be registered or rejected based on legal and factual grounds.
A trademark hearing ensures transparency, fairness, and proper evaluation of any objections or oppositions, helping maintain the integrity of the trademark registration process.

Steps for Trademark Hearing

Notice of Hearing

The Trademark Registry issues a hearing notice when objections are raised or an opposition is filed, specifying the date, time, and venue.

Preparation of Reply / Counter-Statement

The applicant prepares a detailed response addressing the objections, and if there is an opposition, a counter-statement is submitted within the prescribed timeline.

Submission of Evidence

Both parties submit supporting documents and proofs to strengthen their claims, including business records, usage proof, advertisements, or sales invoices.

Attendance at Hearing

The applicant or their authorized representative appears before the Trademark Officer, and the opponent (if any) may also attend to present their arguments.

Presentation of Arguments

Both parties explain their case, clarify doubts, and respond to questions from the Registrar, often with the assistance of legal representatives.

Registrar’s Review & Decision

After reviewing the discussion and submitted evidence, the Registrar decides whether to accept the trademark for registration or reject it based on legal grounds or objections.

Issuance of Outcome

If accepted, the trademark proceeds to registration and a certificate is issued. If rejected, the applicant has the option to appeal within the prescribed legal framework.

Documents Required for Trademark Hearing

Power of Attorney (Form 48)

Evidence supporting trademark use

Examination / Objection / Opposition Report

Copy of Trademark Application

Assignment Deed / Agreement (if applicable)

Reply to Objection / Opposition

Frequently Asked Questions About Trademark Hearing

A trademark hearing is a proceeding conducted by the Registrar of Trademarks where the applicant (or their attorney) presents arguments and evidence to support their application when objections or opposition are raised.

A trademark hearing is an official process conducted by the Trademark Registry when there are objections or issues related to a trademark application. It gives the applicant an opportunity to present their case before the Registrar and prove why their trademark should be accepted and registered.

The applicant can attend personally or appoint an authorized trademark attorney/agent to represent them.

If you fail to appear at the scheduled hearing, your application may be marked as abandoned or rejected by the Registrar.

  • Acceptance – Trademark moves forward to registration.

  • Rejection – Trademark is refused, but you can file an appeal.

  • Adjournment – Hearing is postponed if more evidence is required.

Yes. If your trademark application is rejected, you can file an appeal with the High Court or the appropriate Intellectual Property tribunal.