Trademark Hearing in India, Jurisdiction, and Trademark Hearing Process in India

Introduction 

A Trademark Hearing is a physical appearance before the registrar of Trademark, either in person or by a Trademark Agent or Trademark Attorney, for the purpose of removing the proposed objections under review from a report issued following the filing of a Trademark Registration statement or application. If the Registrar Authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of Trademark Certification, a Trademark Hearing is held. This article will help you out with detailed information on the Trademark Hearing process in India.

An objection that could result in a trademark hearing in India

• Incomplete Information in the application or Incorrect Information.

• If there is a Similar or there is an existence of a Trademark then it leads towards Trademark Hearing.

• Furthermore, any third party or member of the public may register a trademark objection in the public interest:

1. 1. When the trademark is registered with the Trademark Office, it is published in the Trademark Journal.

   2. When a trademark is used before it is registered.

Information on Jurisdiction of Trademark Hearing in India

The regional jurisdiction for Trademark Applications and hearings has been divided into five zones, each of which includes numerous states and union territories, as follows:

• Ahmedabad: The State of Rajasthan and Gujarat, along with the Union Territories of Diu, Dadra and Nagar Haveli, and Daman.

• Chennai: Union Territories such as Lakshadweep Island and Pondicherry. The states are Kerala, Tamilnadu, Andhra Pradesh, Karnataka, and Telangana.

• Mumbai: States such as Madhya Pradesh, Goa, Maharashtra, and Chhattisgarh.

• New Delhi: Union territories of Chandigarh, and the states of Jammu & Kashmir, Haryana, Himachal Pradesh, Delhi, Punjab, and Uttarakhand.

• Kolkata: State such as Bihar, Orissa, Manipur, Meghalaya, Tripura, Arunachal Pradesh, Mizoram, Sikkim, Assam, Jharkhand. Union Territories of Andaman & Nicobar Island, and Nagaland.

How to eliminate the Trademark Hearing Step while Registering a Trademark?

There are a few mistakes that one makes while choosing a Trademark that results in an objection and then ultimately adds the hearing step in the process of Trademark Registration. However, one can avoid the hearing process from the start by choosing the correct Trademark to register. Below are a few norms to keep in mind at the time of selecting a Trademark to lessen the risk of getting an objection for your Trademark:

• A Trademark must include a device, brand, label, heading, ticket, word, letter, signature, name, package, numerical, or color combination, or any combination of the above features.

• It needs to be easy to say and spell. A good Trademark is one that the public can easily pronounce and spell.

• It should also be simple to recognize and remember. An excellent Trademark that is easy to say and spell can also be easily recognized. So that it is also simple for the public.

• It has to be distinct. It might be either natural or acquired individuality.

• Designed terms or words, coined words, or other geometrical patterns and designs are the greatest Trademarks.

• It can only be indicative of the product’s nature, not descriptive.

• A good Trademark should not be excluded from the Trademark s Act’s restricted Trademark Categories.

Document required for Trademark Hearing Process in India

• Power of Attorney: To be used in conjunction with a Trademark attorney.

• A permission letter must be supplied by the candidate to authorize the lawyer or any other person to attend the hearing.

• Affidavit of Practice: When it comes to Trademark Registration, the date of practice is crucial. As a result, by selecting a usage affidavit for a Trademark Registered, the candidate shows the Trademark’s usage and practice date. The candidate must include all details about the use of the brand name in the affidavit.

• Additional Submissions: Keep short notes of important topics like case laws and examples related to your case for future reference. You must also present evidence to support your argument and demonstrate your Trademark’s capacity to be registered.

• Examiner’s Report on Business.

• Hearing Report and Notice.

Trademark Hearing Process in India

• Trademark Hearing Notice

Once the Trademark Hearing Notice has been received by the appropriate body, a draught of the notice should be prepared, including any relevant information that will assist the entity in resolving the objection.

• Person or Trademark Attorney needs to appear

The person or his Trademark/agent counsel must appear before the authorities with the relevant papers and submissions on the conditions and date provided in the hearing notice. There will be no specific dress requirement, although it is expected to be formal.

• Beginning for the preparation of Trademark Hearing

Write a letter of opposition to a trademark hearing. Collect all relevant evidence, such as purchase orders, screenshots from websites, vendor invoices, and any other documentation that can enable you to prove your position and assist legislation in accepting your trademark.

• Trademark Hearing in front of Trademark Registrar

After you have presented all of your material to the Trademark Registrar, the Trademark Registrar will evaluate it and go over all of the proof provided by you or your attorney, who has provided all of the information surrounding your trademark in detail. Your trademark will be accepted if the Trademark Officer is satisfied with the information, or it will be refused if the Trademark Officer is not satisfied with the information. The trademark officer has complete authority to reject it on the spot or to suspend it for a few days if he believes further clarification is required.

What is the procedure for adjourning a Trademark Hearing?

A Trademark Hearing can be extended for an appearance by the concerned director, or it can be suspended or adjourned suo moto by filing an application TM-M with charges or costs of Rs 900, but it must be filed at least 3 days before the hearing time. If you fail to appear at a Trademark Hearing, the concerned administrator may adjourn the hearing two to three times at his discretion, but not more than that and your Trademark will be refused.

Frequently Asked Questions (FAQs)

1. How long will it take to register following the Trademark Hearing?

If the Trademark is approved by the Trademark examiner, it will be advertised the same day and placed in the queue for publication in a journal.

2. What is the Trademark Hearing Jurisdiction?

The Trademark Application and hearings territorial jurisdiction has been separated into five zones, each of which has different states and union territories.

3. What happens if someone objects to a Trademark?

When a Trademark Application is challenged, the deadline for submitting a response is one month from the date of receipt of the Examination Report. Following the receipt of written responses, the Registrar/Examiner either accepts the Trademark or schedules a hearing for oral arguments.

4. How can I discover the Trademark Hearing date?

The agent/applicant/attorney involved receives a hearing notification advising them of the application number and hearing date. The hearing notification is usually sent 15 days before the hearing date. Furthermore, a Trademark show cause hearing is nothing more than a face-to-face meeting with the Registrar of Trademark.

5. Is it possible for a Trademark to have two owners?

Yes, you can Trademark your product or idea if you have two proprietors or joint ownership. Many people can own a Trademark. If two or more people want to share control and ownership of a Trademark, they can register it jointly. A mutually recognized Trademark, like any other Trademark, must be used to improve or sell goods or services.