TRADEMARK HEARING IN INDIA
A Trademark Hearing is a formal proceeding conducted by the Registrar of Trademarks to settle disputes or clarify issues related to trademark registration, renewal, or infringement. During this process, both parties the applicant and the examiner (or an opposing party) are given an opportunity to present their side through arguments, documents, and evidence.
The Registrar carefully reviews all submissions before making a final decision, which directly determines whether a trademark proceeds to registration or is refused. Receiving a Show Cause Hearing Notice indicates that further clarification is needed before approval, making it essential to respond promptly and accurately to safeguard your trademark rights.
IMPORTANCE OF TRADEMARK HEARING
A Trademark Hearing plays a vital role in protecting intellectual property rights in India. It allows applicants to defend their trademarks when:
- The Trademark Examiner raises objections during examination.
- The trademark application faces opposition from third parties.
When an application status reads “Ready for Show Cause Hearing,” it means that the Registrar seeks further explanation or evidence from the applicant.
This process ensures fair evaluation and gives applicants a chance to justify their claim through proof of distinctiveness, prior use, or legal arguments.
Failing to appear or respond to a hearing notice can result in abandonment or rejection of the application leading to a potential loss of rights over the mark.
TRADEMARK REGISTRY JURISDICTION IN INDIA
Trademark applications and hearings are managed through five regional offices across India, each handling specific states and union territories:
Office |
Jurisdiction |
Chennai |
Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, Puducherry, and Lakshadweep |
Mumbai |
Maharashtra, Madhya Pradesh, Goa, and Chhattisgarh |
New Delhi |
Delhi, Uttar Pradesh, Haryana, Punjab, Himachal Pradesh, Jammu & Kashmir, Uttarakhand, and Chandigarh |
Ahmedabad |
Gujarat, Rajasthan, Daman & Diu, Dadra & Nagar Haveli |
Kolkata |
West Bengal, Bihar, Odisha, Assam, Jharkhand, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Andaman & Nicobar Islands |
TRADEMARK HEARING ADJOURNMENT
A hearing may be postponed or adjourned under valid circumstances:
- The applicant or attorney may file a TM–M application requesting an adjournment at least three days before the scheduled hearing date.
- The Registrar may also adjourn a hearing on reasonable grounds.
- Generally, a maximum of three adjournments is allowed for any case.
If the applicant repeatedly fails to appear, the Registrar may proceed ex-parte or reject the application entirely.
DOCUMENTS COMMONLY SUBMITTED AS EVIDENCE WHILE A TM HEARING
- Invoices showing trademark usage
- Product photographs and packaging
- Copies of advertisements and marketing materials
- Screenshots of website or online listings
- Domain registration or trademark listing records
- Business registration or government certificate
- Letterhead and visiting cards