Herity
Trademark Hearing
The trademark hearing is a complicated legal procedure that requires a professional approach. If you want to surpass objections in one go, you can blindly rely on Herity’s expertise.
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An Overview of Trademark Hearing
The trademark registration process allows a specific timeframe for the public and competitors to raise objections or challenges. In order to remove the suggested objections on a trademark under review, a report has to be made public after trademark registration. Subsequently a trademark hearing is also conducted before the registrar of trademarks. Attending the trademark hearing in person with legal representation is essential.
Trademark objection is very important and if the registrar authority is not satisfied with the response filed against the objection, the trademark registration will be cancelled and the trademark certificate will not be issued on time.
Benefits of Trademark Hearing
Following are the benefits of Trademark Hearing:-
- A trademark hearing serves as a shield for the owner, safeguarding against potential losses resulting from objections raised by third parties concerning mark similarities.
- Allow the applicant to better understand the legal implications around the trademark.
- Prevent the applicant from using the proposed mark, which is legally unfit.
- Clear any confusion around mark or logo authenticity.
Process for Trademark Hearing in India
Following is the process of a Trademark Hearing:
- Analyze the notification of the trademark reply.
- Prepare for the hearing.
- Attend the trademark hearing with your authorized representative before the Trademark Registrar.
Documents Required for Trademark Hearing in India
Authorization letter
Usage Affidavit
Sufficient Proof for Claim
Form TM-16 (if needed)
FAQ's on Trademark Hearing
Both director and applicant have the right to postpone the hearing but on different
grounds. The director
can postpone the hearing if
for some reason applicant fails to register his presence. Similarly, the applicant
can adjourn the hearing
by filing the prescribed application-TM-M along with fees amounting to Rs 900. The
application should be
submitted 2-3 days before the hearing.
According to the governing legislation, the applicant or his agent qualifies to
attend the hearing after
receiving the show cause
notice from the trademark office.
A trademark that entails anti-religious or offensive elements does not qualify for
registration and hence
its application shall
stand rejected. The same is true for the proposed mark which is supposedly similar
to other marks. Take
note that the proposed mark should be in line with the norms cited under the Emblems
and Names (Prevention
of Improper Use) Act, of 1950.
As soon as the hearing is concluded, the registration may either approve or reject
the trademark
application. In case of application approval, the authority will change the
application status to Accepted
and Advertised. Further, the proposed trademark will make its way to Trademark
Journal to invite
objections from the masses.
The continual absenteeism from the hearing can lead the trademark office to cancel
the trademark
application. In such an event, the
applicant has to follow the entire process again.
In such an event, the application processing would come to a halt and a hearing will
be convened in the
trademark zonal office to
reconcile the matter.
Registrar approval signifies that the proposed trademark is approved and the
registration will be granted
to the applicant.
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