Trademark Hearing
Trademark objections happen when there is something wrong with how the application has been filed, with the Trademark itself, or for other reasons. While the reply to the examination report is enough to aid you in getting your application and your Trademark accepted, there are many times that they are not helpful. Therefore, the next step is the trademark hearing. A trademark hearing is a process in which, after the reply has been unsuccessful, the Registrar of Trademark sends the applicant with a show cause notice. This notice entails appearing before a tribunal where either the applicant or the applicant's representative has to be present to present the case.
Both administrator and applicant have the right to postpone the meeting. If the applicant wishes to adjourn the hearing, he would be required to file the TM-M application with the concerned trademark office. Likewise, the concerned administrator can postpone the hearing 2 or 3 times due to the unavailability of the applicant. However, in case of continuous absenteeism, the administrator will revoke the trademark application.
Benefits of Trademark Hearing
Following are the benefits of Trademark Hearing:
1. A trademark hearing can protect the owner from imminent losses triggered by the objection raised by any third party due to the similarity between the mark.
2. Allow the applicant to better understand the legal implications around the trademark.
3. Prevent the applicant from using the proposed mark, which is legally unfit.
4. Clear any confusion around mark or logo authenticity
Checklist for an Ideal Trademark
1. An ideal trademark should suggest the essence of the product and be pleasing to the senses.
Before registering a trademark, the following characteristics of a strong trademark should be taken into account:
2. A trademark definitely should have a clear mention of the following characteristics including brand, label, heading, signature, packaging, logo, and much more.
3. It ought to be straightforward to read and pronounce.
4. It shouldn't be too long, and ideally it should be easy to remember.
5. It must be Unique.
6. The finest trademarks are created using words, phrases, original phrases, or various geometric patterns and designs.
Eligibility Criteria for Trademark Hearing in India
To be eligible for a trademark hearing, your trademark reply should have been rejected by the Registrar of the Trademark.
Documents to be arranged for the Trademark Hearing
Below are some common documents that an applicant must arrange before a hearing take place:
1. Power of Attorney: If you opt to hire a trademark attorney
2. Letter of Authorisation: To authorize an TM agent to address hearing formalities.
3. Affidavit of Practice – A legal document reflecting the trademark uses since day one. Affix the supportive documents such as business registration details, marketing materials, invoices, interviews, etc.
4. Document enclosing statement that assures the credibility and authenticity of the trademark in question.
5. Proof of Business
6. Learning Report and Notice
7. Examination Report
Designated zones for Trademark Hearings in India
Trademark Hearing is convened jurisdiction-wise. Presently, there are five zones where a trademark hearing is convened. The list below reflects these five zones under which different states and UTs have been classified.
Mumbai: The State of MP, Goa, Maharashtra, and Chhattisgarh.
Ahemdabad: The State of Rajasthan &Gujarat and UTs of Dadra, Diu, Daman, & Nagar Haveli.
Kolkata: The State of Assam, Bihar, AP, Manipur, Orissa, WB, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and UTs of Andaman & Nicobar Islands, and Nagaland.
New Delhi: J&K, Haryana, Punjab, UP, Delhi HP, UTs of Chandigarh and Uttarakhand.
Chennai: The state of AP, Telangana, Tamilnadu, Kerala, Karnataka, and Lakshadweep Island & UTs of Pondicherry
Process of Trademark hearing in India
The Trademark Hearing process is a legal proceeding that takes place before the Registrar of Trademarks or an appointed hearing officer to resolve any objections raised by the Trademark Examiner during the registration process. Here are the steps involved in the Trademark Hearing process:
Issuance of Examination Report: After filing the trademark application, it undergoes examination by the Trademark Examiner. If the Examiner finds any objections, they will issue an Examination Report listing the objections.
Response to Examination Report: The applicant must respond to the Examination Report within one month of its issuance, addressing the objections raised by the Examiner. If the response is found satisfactory, the trademark application is allowed to proceed to the next stage.
Hearing Request: If the Examiner is not satisfied with the response, they may issue a hearing notice to the applicant. The applicant has to file a request for a hearing within one month from the date of receipt of the hearing notice.
Evidence Filing: Once the hearing request is filed, the hearing officer will set a date for the hearing. Both the applicant and the Examiner are required to file evidence and documents supporting their respective cases before the hearing date.
Hearing: At the hearing, the applicant and the Examiner have an opportunity to present their arguments and evidence before the hearing officer. The hearing officer will listen to both sides and make a decision based on the evidence presented.
Decision: The hearing officer will issue a decision either approving or rejecting the trademark application based on the evidence presented at the hearing. If the trademark application is approved, the trademark will be registered, and the applicant will receive a certificate of registration.
How to Adjourn a Trademark Hearing?
A trademark hearing may be postponed by the concerned director to allow for an appearance, or it may be stopped or postponed unilaterally by filing a TM-M application with fees of ?900 at least three days prior to the hearing period. If you fail to show up for a trademark hearing, the concerned administrator may postpone it up to three times at their discretion before ultimately rejecting your application.
Why The Startup Trends?
Trademark registration is a legal concept that is a bit complex. If your product or idea is owned jointly by two people, you can trademark it. We have the best in house trademark experts who can help with all of your requirements. Get in touch with our trademark attorneys to resolve all your queries. Get senior lawyers support while facing a trademark hearing from The Startup Trends.