Introduction

Trademark hearing is nothing but an appearance before the registrar of trademarks either in person or through trademark agent or trademark attorney for removing the objections raised under examination report issued earlier few days after Trademark Registration application. The chances for trademark objection are high nowadays and trademark hearing happens if the registrar does not get satisfied with the reply filed against the objection raised in the examination report in the process of trademark registration. After submitting the reply within 30 days from the date of issuance of the examination report, the registrar goes through the reply and read all the submissions made therein. It is at the discretion of the registrar whether to accept the submissions and defense of the reply filed. If unsatisfied with the trademark reply filed, the trademark status will get changed to “Ready for show cause hearing” and in few months hearing notice will be issued inside which the date and time of the hearing will be mentioned. The name of the concerned hearing officer will be mentioned on the same day of the trademark hearing. It is important to track your trademark status online in order prevent your brand name getting abandoned.

Documents

Documents for the trademark hearing vary from case to case, but few of the documents are mentioned below for reference:

  1. Power of Attorney to be executed in favor of trademark attorney.
  2. Letter of authorization.
  3. Proof of Business.
  4. Examination Report.
  5. Hearing Notice.
  6. Account Credentiuals.
  7. Trademarks Details.

Time

TM hearing reply around 7-10 days .

FAQ's

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.

It is valid for 10 years at a time and is renewable indefinitely.

A trademark is a mark given to a brand to protect the brand name, Logo or Slogan. A copyright is a Protection given to unique content such as books, music, videos, songs or even software..

The trademark registered under Trademark Act 2000 will be valid only in India. However, in some countries trademark registered in India can be used as a base for registering trademark in that country.

Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

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