Trademark Hearing

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Trademark Hearing

Trademark Hearing

A trademark hearing is conducted by the Registrar when written replies to objections or oppositions are not sufficient. It gives applicants a chance to defend their trademark by presenting legal arguments and evidence in person or virtually. Filing accurate documents, preparing strong arguments, and attending the hearing on time are crucial to avoid refusal or abandonment. With professional representation, businesses can significantly improve their chances of securing trademark approval.

Documents Required

  • Copy of the trademark application and examination report or opposition notice.
  • Evidence of use: invoices, packaging, advertisements, website screenshots, promotional materials.
  • Power of Attorney if represented by an attorney or consultant.
  • Hearing notice issued by the Registrar.
  • Identity and business details of the applicant.
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Trademark Hearing Process

  • Notice of Hearing

    The Registrar issues a hearing notice, usually through email and by publishing it on the Trademark Registry website, specifying the date and venue.
  • Preparation of Case

    Our experts review the case, analyze objections/opposition grounds, prepare legal arguments, and compile necessary evidence such as invoices, advertisements, and usage records.
  • Representation at Hearing

    On the scheduled date, our trademark attorney or consultant appears before the Registrar (physically or virtually) and presents arguments defending the mark.
  • Submission of Additional Evidence (if required)

    In some cases, the Registrar may direct submission of further documents or affidavits within a specified time.
  • Final Order

    Based on the arguments and evidence, the Registrar either accepts the application for publication/registration or refuses it.

Trademark Hearing FAQs

How many hearings are usually required?

Generally one or two hearings, but complex cases may require multiple sessions.

Can evidence be submitted after the hearing?

Yes, if directed by the Registrar, additional evidence can be filed within the prescribed time.

What is the cost of attending a hearing?

Government charges are minimal, but professional consultancy/representation fees usually range between ₹7,500–₹15,000 per hearing.

Is professional representation necessary?

While not mandatory, professional representation ensures strong legal arguments and better success chances.

What if my opponent does not appear in the hearing?

If the opponent fails to attend, the Registrar may decide in your favor.

Can I appeal if the decision goes against me?

Yes. You can appeal to the Intellectual Property Appellate Board (IPAB) or appropriate courts.

How long does it take to get a hearing decision?

It may take a few weeks to several months depending on the Registrar’s workload and complexity of the case.

What documents are needed for hearings?

Trademark application details, hearing notice, power of attorney (if applicable), and evidence of use.

Can hearings be conducted online?

Yes, in many cases the Trademark Registry allows virtual hearings.

What happens if I miss my hearing date?

Your application may be refused unless you can file for restoration or rescheduling with valid reasons.

How do I know if I have a hearing scheduled?

You will receive a notice from the Registry and the details are also published on the official portal.

Can I skip a trademark hearing?

No. If you fail to attend, your application may be refused or marked abandoned.

Who attends a trademark hearing?

The applicant, trademark attorney, or authorized consultant attends the hearing before the Registrar.

Why is a trademark hearing required?

Hearings are required when written replies are insufficient and the Registrar needs further clarification.

What is a trademark hearing?

It is a session before the Registrar where applicants defend their trademark in case of objections or opposition.

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