Trademark Hearing

Trademark Hearing

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Trademark Hearing
Trademark Hearing

Trademark Hearing is a stage where the appearance before the Registrar of Trademark is to be made either in person or through Trademark Attorney or Agent with all supporting documents and explanation to remove the objections raised under Examination Report.

The chances of getting Trademark objection are very high nowadays. Trademark Hearing conducted when Registrar is not satisfied with the reply filed against the objection raised in the Examination Report. After submission of reply, examiner within 30 days scrutinizes the reply and read all the submission and defences made therein. If examiner is unsatisfied with the Trademark reply, the Trademark status will changed to “Ready for show cause Hearing” and in few months Hearing notice will be issued to the applicant at the address of service mentioned in the Trademark application. The date and time of Hearing is mentioned under the Hearing notice. The name of the concerned Hearing officer will be mentioned on the same day of the Trademark Hearing.

Documents needed for Trademark Hearing

  1. Power of attorney / Authorization letter – given to any person or attorney to attend the Hearing.
  • User Affidavit – The date of usage plays a vital role in getting the Trademark registered especially when the question relating of prior user is claimed. The applicant submits and emphasize over the usage of Trademark applied. Applicant need to prepare the proper affidavit and shall list all the details about brand name usage.
  • TMM document if applicable
  • Additional submissions, if requires, like to carry all the evidences which proves the business existence, short notes of argument that is to be made against the objections in writing etc.

Procedure of Trademark Hearing

As per the time and date mentioned in the Hearing notice, the person/agent/attorney need to be appear before the Hearing officer and shall carry all the requisite documents and submissions. After looking into the inconvenience faced by the attorneys to appear and attend the Hearings on a frequent basis from various location, CGPDTM came up with the clubbing of the Hearings of the attorneys on a particular fixed date to avoid any frequent visits by them for various Trademark Hearing matters.

The person/agent/attorney owes a duty to satisfy the Hearing officer with relevant reason for approval of the mark. The proprietor shall be in position to prove the distinctiveness of its marks from the others and to make the reply of the objections raised and should put up all the submissions, documentary evidences and relevant case laws.

If the Hearing officer satisfies with the claim and submissions made there under then he would approve the mark and advertise the same in journal, and if not then he will abandon the Trademark application.

Jurisdiction of Trademark Hearing

The territorial jurisdiction for the Trademark application and Hearings has been divided into 5 zones, under which different states and union territories have been categorized, which is as follows:-

  1. MUMBAI: The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa
  2. AHMEDABAD: The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
  3. KOLKATA: The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nicobar Islands.
  4. NEW DELHI: The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh
  5. CHENNAI: The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island.

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