What is show cause hearing in trademark?

A Trademark Show-Cause Hearing occurs when certain Objections are raised against the Non-Satisfactory Response. The Registrar calls upon the TM Applicant or the TM Agent/Attorney to attend the Hearing.

What happens if a trademark is objected?

If the examiner has objected to the trade mark application, a written response should be filed by the applicant within 30 days of receiving the examination report or when it comes to the knowledge of the applicant that the report is online.

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Trademark Hearing is an official appearance before the registrar of trademarks. It could be either in person at jurisdiction or video conference, through a trademark agent or Trademark Attorney. Further to remove the objections raised under the examination report issued earlier few days after the Trademark Registration application.

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Benefits From The Services

Legally Protected: If a Trademark is registered the proprietor/company/individual of the entity can take action or sue for loss and justifying the presence in the market.
Creates a Brand Image: As Trademark Registration comes under the intellectual property of the company. Hence, it can be sold or can be diversified or authorized to produce income.
Builds Trust: Every client feels secured if the brand whose Trademark is registered with Trademark authority.

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Documents required

Power of Attorney

To be executed in favour of a trademark attorney.

Letter of Authorization

To authorize the attorney or any person for attending the hearing an authorization letter shall be given by the applicant.

Affidavit of Usage

The applicant emphasizes the usage date of a trademark filed by filling a usage affidavit for it and the applicant must give the complete details about the usage of the brand name.

Additional Submissions

For reference make sure to keep the short notes of the important things like case laws and examples related to your case.

Proof of Business

Documents supporting your business entity.

Examination Report

Report of examination..

Hearing Notice

TM hearing notice should be given.

Key Factors / Important Points

The date of TM hearing is informed to the applicant via mail or a hard copy sent to the applicant's address.
It is always advisable to keep checking the TM hearing status every 15 days.
A TM application is examined within 2 months of the date of approval.
The TM application number helps track the status of the application in future.
There are 5 jurisdictions for the Trademark Hearing under which different states and UT have been categorised.

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Frequently Asked Questions (FAQs)

Do I need to physically present to the court for the Trademark Hearing process?

As per the Trade Marks Act, 1999 of the Indian Govt. you can either be physically present in the Courtroom for the Trademark hearing process, or conduct a video conference through the appointed Trademark Attorney to attend the hearing.

Every trademark registered individuals are needed to complete the TM hearing?

No! Only in time of any Trademark Objection raised by the authority after a few days of the trademark registration, an individual is required to be present in the Courtroom for the Trademark Hearing.

Can a Trademark Advocate attend the TM Hearing on the behalf on the Applicant?

Yes! An appointed trademark attorney can attend the Trademark Hearing on the behalf of any applicant with an authorized letter issued by the applicant himself/herself

Which Act of the Indian Govt. oversees the Trademark Hearing process?

In the country, the Trademark Hearing processes are overseen by the Trade Marks Act, 1999 and the supervision of the Intellectual Property Appellate Board (IPAB).

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Trademark Hearing in India