While applying for Trademark, a trademark registration application passes through a number of stages. The preliminary stage after submission of a Trademark application involves examination of trademark by the Trademark Officer, who will be at discretion to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.
Trademark hearing is required when the trademark registration application is objected and a response to such examination report is issued by the Trademark officer and the registrar is still unsatisfied with the submissions.
A response to trademark examination report has to be made within a period of 30 days, thereafter it will be at the discretion of the Trademark officer whether to accept the submissions and defence of the reply filed. If the trademark officer is still not satisfied with the contentions in support of allowing the mark , a hearing notice directing the proprietor or his agent to attend a hearing in front of trade marks registry will be sent via email and post.
Change of Application status:
On call of hearing by the Trademark registrar on being unsatisfied with the response submitted the trademark application status will get changed to “Ready for show cause hearing”, and in few months hearing notice will be issued mentioning date and time of the hearing.
An authorization letter has to be issued by the proprietor in form of power of attorney, authorizing the Agent or Trademark Attorney to appear on behalf of him at the Trademark Office and take care of the registration process.
Procedure of Trademark Hearing:
On receiving the notice of trademark hearing, the proprietor or his authorised agent/trademark attorney has to be present before the Trade Marks Registry Office, on the given date and time along with the submissions, relevant case laws, documentary evidences and requisite documents, generally proving the distinctiveness of the mark and it’s usage.
Thereafter, it is at the discretion of the Trademark Officer whether to allow or refuse the application at that moment only or to hold his decision till the next hearing.
Adjournment of Trademark Hearing:
A Trademark hearing may be adjourned by the Trademark officer for the want of appearance or some other reason or can be adjourned by filing Form TM-M by the applicant 3 days prior to hearing date, with fees of Rs/- 900.
Jurisdiction of Trademark Hearing:
The Territorial jurisdiction for the trademark application and hearing has been categorised into different groups, comprising of states and union territories which are as follow:-
- 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.
Documents required for Trademark Hearing:
Documents required for trademark hearing may vary from case to case, however, general documents are:-
- Power of Attorney to be executed in favor of trademark attorney or Letter of authorization
- Affidavit of Usage- The affidavit of usage must give the complete details about the usage of the brand name.
- Additional Submissions – Case laws or relevant documentary evidences supporting the case has to be submitted.
- Examination Report
- Hearing Notice.
“Registration Arena” can help you in getting your trademark registered by making your trademark registration application or by replying to the examination report or attending a trademark hearing on your behalf.
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