Overview
Trademark hearing involves a physical appearance before the registrar of trademarks, either in person or through a trademark attorney/agent, to address objections raised in the examination report following a trademark registration application. This hearing becomes necessary if the registrar is unsatisfied with the response submitted against the objections raised during the trademark registration process.
Trademark objections occur due to issues with the application, the trademark itself, or other reasons. While responding to the examination report is often sufficient to resolve objections, there are instances where it does not lead to acceptance. In such cases, the next step is the trademark hearing.
If you’re an entrepreneur or business owner who has received a show-cause notice for your trademark application, you must present your case to the Trademark Examiner to counter the objections raised by the authority. This article will guide you through the trademark hearing process in India and help you take the appropriate steps.
For the best representation, you need skilled trademark attorneys. Fortunately, Legaltax offers expert legal aid with the tenacity, talent, and dedication required to get your trademark objections resolved and your trademark registered successfully.
What Are the Objections That Could Result in a Trademark Hearing in India?
Incomplete Information in the application or Incorrect Information.
If there is a Similar or there is an existence of a Trademark then it leads towards Trademark Hearing.
Furthermore, any third party or member of the public may register a trademark objection in the public interest:
- When the trademark is registered with the Trademark Office, it is published in the Trademark Journal.
- When a trademark is used before it is registered.
Eligibility Criteria For Trademark Hearing In India?
In order to be eligible for trademark hearing, your trademark reply should have been rejected by the Registrar of trademark.
List of Jurisdiction of Trademark Hearing in India
The regional jurisdiction for Trademark Applications and hearings has been divided into five zones, each of which includes numerous states and union territories, as follows:
Ahmedabad: The State of Rajasthan and Gujarat, along with the Union Territories of Diu, Dadra and Nagar Haveli, and Daman.
Chennai: Union Territories such as Lakshadweep Island and Pondicherry. The states are Kerala, Tamilnadu, Andhra Pradesh, Karnataka, and Telangana.
Mumbai: States such as Madhya Pradesh, Goa, Maharashtra, and Chhattisgarh.
New Delhi: Union territories of Chandigarh, and the states of Jammu & Kashmir, Haryana, Himachal Pradesh, Delhi, Punjab, and Uttarakhand.
Kolkata: States such as Bihar, Orissa, Manipur, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Sikkim, Assam, Jharkhand. Union Territories of Andaman & Nicobar Island, and Nagaland.
What Are the Documents Required for Trademark Hearing?
To be able to prove your case in front of the Registrar, you need to prove to the Hearing Officer that you have been using the brand in good faith. You can also provide the following documents to the Registry as proof:
- LETTER OF AUTHORIZATION: After selecting a Trademark Agent, Attorney, or any authorized representative to attend the hearing on your behalf, you must draft a Letter of Authorization to formalize their appointment.
- Purchase orders
- Invoices from vendors
- CA certificate certifying the revenue earned/ expenses made till date in the name of the brand
- Brochures, visiting card, letterheads
- Social media marketing page screenshots
- Website screenshots, if any
- Advertising material
- Photographs of exhibition stalls
- Photographs of the packaging material having brand usage on it along with a printing bill with a date
- Any other document containing the trademark brand name, logo, or tagline if applied for
- Any other document containing the trademark brand name, logo, or tagline if applied for
Trademark Hearing Process in India:
Trademark Hearing Notice: Upon receiving the Trademark Hearing Notice from the appropriate authority, a detailed draft should be prepared, incorporating all relevant information and documentation to address the objection effectively and assist in resolving the issue.
Appearance by Person or Trademark Attorney: The individual or their Trademark Attorney/Agent must appear before the authorities on the specified date mentioned in the hearing notice, along with all relevant documents and submissions. While there is no specific dress code, formal attire is generally expected.
Preparation for Trademark Hearing: Start by drafting a well-structured letter of opposition for the trademark hearing. Gather all relevant evidence, including purchase orders, screenshots from websites, vendor invoices, and any other supporting documentation that can strengthen your case. These materials will help substantiate your position and assist the authorities in approving your trademark application.
Trademark Hearing Before the Registrar: During the hearing, all submitted materials will be reviewed by the Trademark Registrar. The Registrar will carefully evaluate the evidence and the details provided by you or your attorney, addressing all aspects of your trademark application. If the Trademark Registrar is satisfied with the information presented, your trademark will be approved. However, if the Registrar finds the information insufficient, the trademark may be rejected outright or placed on hold for further clarification. The Registrar holds the authority to make these decisions during the hearing.
What Are the Requirements of Trademarks?
An ideal trademark should be visually and audibly appealing while suggesting the nature of the product. Most importantly, a perfect trademark must be distinct from other trademarks within the same category, ensuring it is eligible for registration and legal protection. Below are key qualities to consider before trademark registration :
- A trademark should consist of elements such as a device, brand, label, heading, ticket, word, letter, signature, name, packaging, numeral, or a combination of colors, or any sequence of these attributes.
- A good trademark should be easy to pronounce and spell, ensuring that the public can easily say and write it.
- Additionally, a good trademark should be easy to identify and remember. If it is simple to pronounce and spell, it becomes easier for the public to recognize and recall, making it more effective for brand recognition.
- A good trademark should be concise and memorable. If it is too long or complex, people may find it difficult to remember, which can affect brand recall. A short, catchy trademark is more likely to stick in people’s minds and create a lasting impress.
- It must be unique. It can be natural distinctiveness or obtained distinctiveness.
- The best trademarks are designed terms or words or coined words or different geometrical patterns and designs.
- It can only be indicative of the nature of the products, but not descriptive
- A good trademark should not fall under the prohibited categories outlined in the Trademarks Act. These categories include trademarks that are deceptive, offensive, generic, or similar to existing trademarks, as well as those that violate public policy or morals.
What Are the Benefits of Trademark Hearing?
Legally Protected: Once a trademark is registered, the owner gains exclusive rights to use the mark. This protection allows the owner to take legal action against unauthorized use, prevent infringement, and claim damages for any losses. It helps maintain the brand’s reputation and exclusivity in the market.
Builds a Brand Image: Trademark registration is a valuable asset under intellectual property rights, enhancing the company’s brand image. It establishes the business’s identity and can be sold, licensed, or used to generate revenue, providing long-term financial benefits and brand recognition.
Creates Trust: A trademarked brand instills confidence in customers, as they feel secure knowing that the brand is officially recognized and protected by the trademark authority. This legal protection fosters trust and loyalty among consumers.
Why Choose Legaltax?
LEGALTAX is India’s largest professional platform of lawyers, chartered accountants, and company secretaries-with years of experience behind. We execute legal work for over 500 companies and LLPs every month, by leveraging our tech capabilities, and the expertise of our team of legal professionals.
- Customer Satisfaction: We simplify your interaction with the government by handling all the paperwork on your behalf. We also ensure you have complete clarity on the process, setting realistic expectations every step of the way.
- Experienced Team: With a dedicated team of over 300 skilled business advisors and legal professionals, you are just a phone call away from top-tier legal services.
- Access to Experts: We connect you with reliable professionals and handle coordination to meet all your legal needs. You can easily track progress through our user-friendly online platform at any time.
- Realistic Expectations: We manage all the paperwork, ensuring a smooth interaction with the government. Our team provides clear guidance on the incorporation process, helping set realistic expectations for a successful outcome.
When a trademark application is objected to, a response must be submitted within one month from the date of receiving the Examination Report. Once the written submissions are made, the Registrar/Examiner will either accept the trademark or schedule a hearing for the parties to present their arguments in person.
The Registrar will make a decision on the application after providing the parties the opportunity for a hearing. The trademark may either be allowed for advertisement in the journal or refused. In case of refusal or denial following a review petition, an appeal can be filed with the Intellectual Property Appellate Board (IPAB) within three months of the refusal.
Yes, you can trademark your product or idea with joint ownership or with multiple owners. A trademark can have more than one owner. If two or more individuals wish to share control and ownership, they may jointly register the trademark. As with any trademark, it must be used to promote or sell goods or services to be considered valid.
If the Trademark is approved by the Trademark examiner, it will be advertised the same day and placed in the queue for publication in a journal.
The agent, applicant, or attorney involved will receive a hearing notification, which includes the application number and the hearing date. This notification is typically sent 15 days before the scheduled hearing. Additionally, a trademark show-cause hearing is essentially a face-to-face meeting with the Registrar of Trademarks to address any objections or issues related to the application.
Yes, you can trademark your product or idea with two proprietors or joint ownership. A trademark can have multiple owners. If two or more people wish to share control and ownership of a trademark, they can register it jointly. Like any other trademark, a mutually recognized trademark must be used to improve or sell goods or services.
The territorial jurisdiction for trademark applications and hearings is divided into five zones, each covering different states and union territories. Each zone has its own designated office where trademark applications are filed and hearings are conducted.
When a Trademark Application is challenged, the deadline for submitting a response is one month from the date of receipt of the Examination Report. Following the receipt of written responses, the Registrar/Examiner either accepts the Trademark or schedules a hearing for oral arguments.
LEGALTAX is India’s largest professional platform of lawyers, chartered accountants,
and company secretaries-with years of experience behind. We execute legal work for
over 500 companies and LLPs every month, by leveraging our tech capabilities, and the
expertise of our team of legal professionals.
- Customer Score: We make your interaction with the government as smooth as possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
- 100-Strong Team: With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.
- Access To Experts: We provide access to reliable professionals and coordinate with them to fulfil all your legal requirements. You can also track the progress on our online platform, at all times
- Realistic Expectations: By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.
No, physical presence is not required. Legaltax.in is an online platform where your application is completely drafted. Legaltax.in has a team of qualified lawyers and Chartered Accountants who will handle your work with care. All you need are the necessary documents, and your work will be completed, no matter where you’re located.
Yes, you still can. Trademark Registry does not ban the usage of the TM sign even it issues the Trademark objection.
No worries, you can still file the reply as long as the status shows “Awaiting Reply to Examination Report.” However, if you fail to submit the reply even after that, your trademark objection status will be marked as “Abandoned.”
