Trademark Hearing

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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.

Process

Applicant can file the application, objection reply or attend hearing by himself or through his Attorney/ agent. It is always recommended to engage a Trademark Attorney/Agent with knowledge who can handle your application from name search to attending hearing etc.

You are required to file reply of objection against Examination Report with supporting documents within 30 days of report issued.

After submission of reply, Trademark Registrar will scrutinizing your reply and will give another opportunity to provide additional supporting documents to claim the brand name by listing the application for Hearing. After few months, Registrar will send the Trademark Hearing notice with the date and time of Hearing.

User has to upload all the supporting documents (for example: Invoices, Returns Filed, Audit Report, Brouchers, and other license / registration etc.) and Affidavit in support of date of usage.

Attorney/Agent will attend the Hearing on your behalf. Trademark Registrar after going through all the documents and explanation provided by the Attorney / Agent, will either accept the mark or refuse the application. It is sole discretion of the Trademark Authority to accept or refuse any application.

If Trademark Attorney /Agent is unable to attend the Trademark Hearing on assigned date or if the Trademark Authority is satisfied, then Trademark Attorney can request for adjournment of Hearing by filing TM-M Form and requisite fees.

Advantage

1

Attending hearing will protect your application from Abandon.

2

Attending hearing through an authorized agent / attorney increased chance of getting the Trademark.

3

Request for Trademark Hearing adjournment can be made by filing TM-M form.

Power of Attorney
User Affidavit
Supporting Evidence
TM-M Form (If applicable)

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