Trademark Hearing

Trademark Hearing Process - All You Need to Know

Online Legal India LogoBy Online Legal India Published On 28 Oct 2022 Updated On 31 Oct 2022 Category Trademark

For the purpose of removing the suggested objections under review from a report made public after a trademark registration statement or application, a trademark hearing appears physically before the registrar of trademarks, either in person or by a trademark attorney or trademark agent. Today, trademark objection prospects are crucial, and if the registrar authority is dissatisfied with the response filed against the objection put out in the final report in the trademark certification procedure, a trademark hearing will take place.

Benefits of trademark hearing
 

  • Legal protection: If a trademark is registered, the owner has the legal right to sue, can claim damages and can continue to use the mark on the market.
     
  • Creates a brand image: Since trademark registration falls within the umbrella of a company's intellectual property, it may be sold, modified, or approved in order to generate revenue.
     
  • Creates trust: Any buyer who purchases a brand with a registered trademark feels safe doing so.

Requirements of trademark
 

An ideal trademark should suggest the essence of the product and be pleasing to the eye and to the ear. The most crucial requirement for a great trademark is that it be created in a way that makes it distinct from other trademarks in its class and that makes it eligible for registration and protection. Before registering a trademark, the following characteristics of a strong trademark should be taken into account:

  • A trademark must have one or more of the following: a logo, label, brand, heading, ticket, letter, word, signature, name, packaging, number, or any combination of the aforementioned characteristics.
     
  • It ought to be straightforward to say and spell. A good trademark should be easy for the general public to pronounce and spell.
     
  • It should also be simple to recognise and remember. An excellent trademark that is simple to say and spell can also be easily recognised. such that it is also made simple for the general population.
     
  • It shouldn't be too long, and ideally, it should be hard to forget. People won't bother to make the effort to memorise anything if it is lengthy or challenging, and it will eventually be forgotten.
     
  • It must be special. Both acquired and natural individuality are possible.
     
  • The finest trademarks are created words, phrases, original phrases, or various geometric patterns and designs.
     
  • It cannot be descriptive; it can only be illustrative of the nature of the products.
     
  • The Trademarks Act's restricted categories of trademarks shouldn't bar a good trademark from being used.

Process of trademark hearing in India
 

  • Trademark hearing notice
     

After the proper body has received the Trademark Hearing Notice, a draft of the notice should be made, containing any pertinent details that may help the organisation resolve the objection.

  • A person or Trademark Attorney needs to appear
     

On the terms and date appointed in the hearing notice, the person or his trademark or agency counsel must appear before the authorities with the pertinent paperwork and submissions. Although it is anticipated to be formal, there won't be a set dress code.

  • Beginning for the preparation of the trademark hearing
     

Send an email objecting to a trademark hearing. Gather all pertinent information, including invoices from vendors, screenshots from websites, purchase orders, and other records that will help you support your case and get your trademark recognised by the law.

  • Trademark hearing in front of the trademark registrar
     

After you have submitted all of your supporting documentation to the Trademark Registrar, the Trademark Registrar will assess it and review all of the documentation that you or your attorney has given, which includes all of the specific details pertaining to your trademark. In the event that the Trademark Officer is pleased with the information, your trademark will be approved; otherwise, it will be rejected. If the trademark officer decides that more clarification is necessary, he or she has the full ability to reject the application right away or suspend it for a few days.

Details on the jurisdiction of trademark hearing in India
 

The five zones that make up the regional jurisdiction for trademark applications and hearings are as follows, with a number of states and union territories included in each zone:

  • Kolkata: States such as Bihar, Orissa, Manipur, Meghalaya, Tripura, Mizoram, Arunachal Pradesh, Sikkim, Assam, and Jharkhand. Nagaland and Union Territories of Andaman & Nicobar Island.
     
  • Ahmedabad: The State of Gujarat and Rajasthan, along with the Dadra and Nagar Haveli, Union Territories of Diu and Daman.
     
  • Mumbai: States such as Goa, Madhya Pradesh, Maharashtra, and Chhattisgarh.
     
  • Chennai: Union Territories such as Pondicherry and Lakshadweep Island. The states are Kerala, Karnataka, Tamilnadu, Andhra Pradesh, and Telangana.
     
  • New Delhi: The states of Jammu & Kashmir, Haryana, Himachal Pradesh, Punjab, Delhi, and Uttarakhand; and Union Territories of Chandigarh.

How to eradicate the trademark hearing step while Trademark registration?
 

A few choices one makes while selecting a trademark can lead to an objection, which finally adds the hearing phase to the trademark registration procedure. By picking the right trademark to register, one can, however, avoid the hearing procedure from the beginning. The following guidelines can help you choose a trademark while reducing the likelihood that someone will object to it:

  • A device, label, brand, heading, ticket, word, letter, signature, name, packaging, number, colour combination, or any combination of the aforementioned qualities, must be included in a trademark.
     
  • It must be simple to speak and write. A trademark should be simple for the general public to pronounce and spell.
     
  • Additionally, it should be simple to remember and recognise. Good trademarks that are simple to say and spell are often simple to recognise. to make it simple for the general public as well.
     
  • It must stand out. It could be innate or learned individuality.
     
  • The best trademarks are created words, created words, or other geometrical patterns and designs.
     
  • It cannot be descriptive; it can only be illustrative of the nature of the thing.
     
  • A decent trademark shouldn't be left out of the restricted trademark categories set forth in the Trademark Act.

Documents required for trademark hearing process in India
 

The documents needed for the trademark hearing vary depending on the circumstances, however, some are listed below for your convenience:

  • Power of attorney: To be carried out with the assistance of the trademark lawyer.
     
  • Letter of permission: The candidate must submit a letter of authorization authorising the attorney or any other person to attend the hearing.
     
  • Affidavit of practice: A key factor in registering your trademark is the date it was first used. So, by selecting a usage affidavit for trademark registration, the candidate shows the usage and practice date of the mark. The candidate must provide all information about how the brand name is used in the affidavit that was made.
     
  • Additional submissions: Keep concise notes of the pertinent information, such as applicable case law and examples, for future reference. You must also offer the evidence that supports your claims and shows that your trademark qualifies for registration.
     
  • Proof of Business
  • Examination Report
  • Hearing Report and Notice

Frequently asked questions

  1. Following the Trademark Hearing, how long will it take to register?

If the trademark examiner approves it, it will be advertised the same day and added to the list for journal publishing.

  1. What is the jurisdiction for trademark hearings?

Five zones, each with a different state or union territory, make up the geographical jurisdiction for trademark applications and hearings.

  1. What takes place if a trademark is challenged?

The deadline for providing a response in the event that a Trademark Application is contested is one month after receiving the Examination Report. The Registrar/Examiner either accepts the trademark after reading the written reply or sets up a hearing for oral arguments.

  1. How can I find out the date of the trademark hearing?

A hearing notification is sent to the concerned agent, applicant, or attorney, informing them of the application number and hearing date. Usually, 15 days prior to the hearing, a notice of the hearing is sent. Additionally, the only thing that a Trademark show cause hearing entails is a face-to-face appointment with the Registrar of Trademarks.

  1. Is it possible to have two proprietors of a trademark?

If you have two owners or joint ownership, you may trademark your product or idea. There may be multiple trademark owners. If two or more parties want to jointly control and own a trademark, that trademark may be registered. A mutually recognised trademark must be utilised to enhance or market goods or services, just like any other trademark.

Why choose Online Legal India?

Online Legal India is the largest professional network of lawyers, Chartered Accountants, and Company Secretaries in India. We carry out legal work for many businesses and LLPs by utilising our technical skills and the knowledge of our legal specialists.

We handle all the documentation so that your interactions with the government conduct as smoothly as possible. In order for you to set reasonable expectations, we will also provide you with complete clarification on the procedure.

We connect you with reputable experts and work together with them to meet all of your legal requirements. Additionally, you may always keep tabs on the progress on our web platform.


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