A trademark hearing is a chance given by a trademark registrar to a trademark applicant to resolve objections raised by an examiner or opposition raised by any third party. It provides a certain period for the public and parties to raise their opposition. When the examiner is not satisfied with the reply of an applicant during the objection process, then he orders a trademark hearing. During the Trademark Hearing Process in India, it’s important to present physically with a legal trademark attorney. the applicant presents evidence, files briefs, and oral arguments and reverts to queries raised by an examiner or opposition party.
It cannot be descriptive, only indicate by nature or character of products.
It must be unique or special, not very common.
It can Create using words, phrases, and different types of geometric designs and patterns.
Benefits of trademark hearing
It provides legal Acceptance to the trademark, which helps to secure the brand identity and reputation.
It can also help to protect the legally authorised rights of the trademark owner.
It is an effective and faster way to resolve disputes between both parties related to registration. It allows both parties to present their evidence and arguments and based on the presented evidence, the registrar makes the decision.
Required documents
Power of TM. Attorney
Letter of Authorisation
Trademark Examination Report
Affidavit of Practice
Proof of Business
Hearing Notice
Trademark hearing Venue
It is divided into different 5 Sectors including states and union territories:
Mumbai sector
The states of MP, Maharashtra, Chhattisgarh, and Goa.
Ahmedabad
Rajasthan, Gujarat, Daman, Dadra and Nagar Haveli are all union territories.
And the Union Territories of Andaman & Nicobar Islands and Nagaland all are included.
New Delhi
J&K, Haryana, Punjab, Uttar Pradesh, Himachal Pradesh Delhi, and the Union Territories of Uttarakhand and Chandigarh.
Chennai
Andhra Pradesh, Tamil Nadu, Telangana, Kerala, Karnataka, Lakshadweep Island, and the Union Territories of Pondicherry.
Trademark Hearing Process in India
The individual or the trademark authority representing the person must appear physically before the council on the final date and time of the trademark hearing.
The case must present to the specific trademark authority along with your supporting documents, submissions and relevant legal evidence.
After reviewing the presented evidence, the registrar will either issue his decision immediately (reject or approve) or delay it for a few days after hearing the entire case.
After the hearing process
After the hearing process, The trademark officer issues a written order of rejection or approving the trademark application. If the trademark application is accept then. It will registered and a registered application sent to the applicant.
What happens if the applicant is not present at the hearing process?
If the trademark applicant misses the hearing at the initial stage, then it will be a chance to be postponed. But if you keep missing the hearing, then your application marked as to be unregistered. It means now you have no chance to register your trademark. The registrar closed your file. If you want to your registered trademark, then attend the hearing on time.
Conclusion
The trademark hearing process is an important necessary step in the process of Trademark Registration, it allows the trademark applicant to defend himself against the objection raised by the examiner or opposition that raised by a third party. It resolves disputes, protects the trademark and provides legal rights and an effective and faster way to resolve any disputes regarding the trademark.
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