A trademark is a sign, design, word, symbol, or expression which helps in the identification of the product. It is a unique symbol. A trademark helps in identifying a product belonging to a specific company and it also recognizes a company’s ownership of the brand.
A trademark hearing is an appearance before the Registrar when the trademark gets rejected and the objection is raised against it to remove the objections raised under the examination report issued earlier a few days after the Trademark Registration application. When the Registrar is not satisfied with the reply filed against the objection then the trademark hearing happens.
You have to submit the reply within 30 days from the date of issuance of the examination report, after this, the Registrar goes through all the replies and the submissions. It is his decision to accept the submission and if he is unsatisfied with the reply, the trademark status will change to ‘Ready for show cause hearing’ and within few months you will a hearing notice will be received with the date and time of the hearing. The name of the hearing officer is issued on the day of the hearing. You can track your trademark status online.
Documents Required for trademark hearing :
• Power of attorney- It is required to be executed in favor of a trademark attorney.
• Letter of authorization- It is required to authorize any person, and for attending the hearing an authorization letter is given by the applicant.
• Affidavit of usage.
• Proof of business.
• Examination report.
On the date and time mentioned in the hearing notice, the person is expected to be present before the authorities with the required documents and the submissions. The person is required to wear formal clothes on the day of the hearing. Reach the trademark officer and present before him all your submissions, documentary evidences and relevant case laws. After seeing all the submissions and documentary evidences, the officer will either give you his decision at that moment only i.e. Whether it is accepted or rejected, or he may hold his decision for a few days.
Jurisdiction of the hearing:
The jurisdiction for the trademark application and hearing has been divided into 5 zones, which are as follows-
• MUMBAI for the state of Maharashtra, Madhya Pradesh, Chattisgarh and Goa.
• AHMEDABAD for the state of Gujarat and Rajasthan, and the Union Territories of Daman, Dadra, Diu and Nagar Haveli.
• KOLKATA for the state of Arunachal Pradesh, Assam, Orissa, Bihar West Bengal, Mizoram, Manipur, Jharkhand, Tripura, Sikkim, Meghalaya and Union Territories of Nagaland, Andaman & Nicobar Islands.
• NEW DELHI for the state of Punjab, Haryana, Jammu & Kashmir, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Delhi and Union Territories of Chandigarh.
• CHENNAI for the state of Tamilnadu, Andhra Pradesh, Telangana, Karnataka, Kerala, and Union Territories of Pondicherry and Lakshadweep Island.