Trademark Hearing

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WHAT IS TRADEMARK HEARING?

The process of trademark hearing begins when the reply filed in response to the examination report is not accepted. When the attempt to validate the trademark becomes unsuccessful, then the trademark registrar sends a show-cause notice to the applicant. In this notice, the applicant is directed to appear before the tribunal and present their case either by themselves or through a representative.

Trademark Hearing

Getting a trademark registered for your brand name or product is essential for protecting its brand value. But it may happen that the trademark examiner raises an objection against your trademark application for some reason and you’re not able to validate your trademark claims.
The trademark examiner raises a trademark objection in any of the following situations:

  • In case of incorrect filing of the trademark application.
  • In case of any guideline violation by the trademark.

 

In most cases, simply replying to the objection notice is enough and helps in getting your application cleared. But there are some cases where these responses are not accepted by the examiner. In such a case, the objection proceeds to the next step of the trademark hearing.

“Liberty is the right to do what the law permits.”

Montesquieu

The documents that are required for a trademark hearing vary from case to case depending upon the type of examination notice. However, there are some basic documents that are needed in every case. Here is a list of such documents for your reference:

  • Power of attorney in favor of trademark attorney.
  • Authorization letter for the attorney to appear on behalf of the applicant.
  • Affidavit of Usage giving complete details about the usage of the brand name.
  • Proof of business
  • Hearing Notice
  • Examination Report
  • TM-7 Form

Documents required during a Trademark Hearing

Jurisdiction Areas Of Trademark Hearing

The trademark hearing is conducted in a territorial jurisdiction that is divided into 5 zones. Here is the complete list of all the zones along with the states and union territories falling under their jurisdiction:

This zone includes Punjab, Haryana, Himachal Pradesh, UP, Uttarakhand, Chandigarh, and Delhi & J&K.
The states and union territories falling under this zone are – Kerala, Andhra Pradesh, Telangana, Karnataka, Tamil Nadu, Pondicherry and Lakshadweep.
This zone covers Madhya Pradesh, Chhattisgarh, Goa and Maharashtra.
This is the most diverse zone with jurisdiction over Assam, Bihar, West Bengal, Manipur, Orissa, Mizoram, Arunachal Pradesh, Sikkim, Tripura, Meghalaya, Jharkhand, Nagaland and Andaman & Nicobar Islands.
Under this zone, the state of Gujarat, Rajasthan and union territories of Daman, Diu, Dadra and Nagar Haveli are covered.

How Long Does The Trademark Hearing Last

The trademark hearing lasts for as long as the trademark application is accepted or rejected. The applicant is given a maximum of 3 chances to appear for the trademark hearing.

If the applicant wishes to adjourn the hearing then he can do so by filling out the TM-M form along with a fee of ₹900 at least 3 days prior to the hearing date. If the applicant fails to appear for 3 hearings without any notice, then the concerned officer will abandon their trademark.