A Trademark hearing takes place when the objections to acceptance of the application for registration cannot be waived even after considering the applicant’s response to examination report.
This hearing commonly known as show cause hearing is scheduled and conducted at the appropriate office of the Trade Marks Registry
Having submitted the reply, the concerned officer peruses the responses and all the submissions stated on.
However, if the registrar isn’t entirely satiate with the submission [the filed trademark] then it is likely they might put it under “Ready for show cause hearing” followed by a hearing notice in the next few months, which will come with a specified date and time, on which the applicant must show up before the officer for the hearing. The notice also species the name of the officer conducting the hearing.
PROCEDURE OF A TRADEMARK HEARING
The applicant or their trademark agents/attorneys must show up before the officer, who is supposed to conduct the hearing, in a pro forma manner, on the very date and time which they’re getting summoned on. The attire must be formal—they are to carry all the consequential documents along with them. Once the applicant [or their representatives] reaches out to the trademark officer conducting the hearing, the case gets presented with each and every submission, evidence and imperative case-law. Once the case gets rested, the officer will make a decision on whether to approve the application or reject it.
Documents for the Hearing
#1. The Letter of Authorisation
It is quite imperative for the applicant or their representatives [on the applicant’s behalf] to carry along the Letter of Authorisation.
#2. Affidavit of Usage
For not going too esoterically inscrutable, and keeping it lucid, an affidavit of usage is a posit of content, which comprises of data through which an applicant delivers a message by highlighting why they’re worthy of the trademark they are filing for.
One isn’t required to have a scribble document of all of their submissions and arguments. However, it would behoove them to keep a precis of imperative elements, such as: – case-laws and whatnot for easy and post-haste reference.
Territorial Jurisdictions of TMR Offices
- MUMBAI : The State of Maharashtra, Madhya Pradesh, Chhattisgarh and Goa
- AHMEDABAD : The State of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
- KOLKATA : The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nikobar Islands.
- NEW DELHI : The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh
- CHENNAI : The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island
ADJOURNMENT OF A TRADEMARK HEARING
There are two ways to go about adjourning a trademark hearing, each of them is listed right down below
#1. By The Conducting Officer Themselves
A trademark can be adjourned by an officer, who’s supposed to conduct the hearing if they sought the applicant’s presence. If one doesn’t show up on two or more consecutive occasions having been summoned, their case is more than likely to fall of the grid.
#2. By Filing a TM-M Form
By paying a fee of 900 INR, One can file a TM-M themselves, howbeit, it must be 3 days prior to the hearing, or else it could be detrimental for the case.
We, at Easycorp, strive to provide you the best services when it comes to anything with respect to Trademark, be it registration or hearing, we are right there for you with our more than capable team of experts at your disposal in readiness to help you out.
So if you have anything concerning trademark, feel free to comment down below or shoot us an email. We assure you, we will look into it and reach out to you post-haste. Have a good one. Cheers!