The Procedure for Hearings of Trademark in India

A trademark or a trade-mark is known to be a type of intellectual property that contains a familiar sign, design or an expression that can distinguish products or services of a particular source from others. Trademarks, which are also called service marks, can have either an individual as the owner or a business organization or a legal entity.

It can be seen on a product or its label or a voucher, or on a package. Sometimes, you might find organizations displaying their trademarks over their buildings. This is because it has a legal recognition of the intellectual property. We also have hearings of trademark in India often these days.

What Is a Trademark Hearing?

Trademark Hearing is the appearance of the person either by himself or through a trademark agent or a trademark attorney, before the registrar of trademarks. Trademark hearing generally takes place to remove the objections raised through the examination report issued a few days after the application of the trademark registration.

In case the registrar is not satisfied with the reply filed against the objection raised in the examination report, trademark hearing takes place in such a case.

Pre-Trademark Hearing

Why does trademark hearing in India happen? Once the reply is submitted to the registrar, it now depends on the discretion power of the registrar if he will accept the filing or reject. In case he is unsatisfied with the reply filed, the trademark status displays “Ready for show cause hearing”. Within a few months, a hearing notice will be in your hand, with the date and time of the hearing mentioned. However, the respective trademark hearing officer will be given on the day of hearing only.

Documents Required for Hearing

  • Power of Attorney in favour of trademark attorney
  • Authorization letter – The applicant gives the authorization letter to the attorney t authorize him to hear the case
  • Affidavit of usage – the complete details of the usage of the brand name is given by the applicant. The affidavit of usage plays an important role in the trademark getting registered. The applicant has a great emphasis on the same.
  • Proof of Business
  • Examination Report
  • Additional notes – Short notes that are related to your case along with the required examples can make the case strong and help in getting the trademark registered.
  • Hearing notice

Can Trademarks Get Refused?

The trademarks can be refused on the below-mentioned grounds

  • If the trademarks do not show any distinguishing characteristics that can differentiate between the goods and services of one person from the other
  • If the trademarks contain the marks that may designate the kind, quality, quantity, intended purpose, values, geographical origin, rendering of the service or the time of production of goods
  • If the trademarks contain indications that have become customary in the bona fide and the established practices of trade
  • If the trademark is made in such a way that it can deceive the public or cause confusion
  • If the trademark is made in such a way that it can hurt religious groups and their sentiments
  • If it contains scandalous or obscene matter
  • If it is prohibited under the Emblems and Names Act, 1950

Procedure

The procedure for trademark hearing in India is as follows

  • The person or the agent or his attorney has to come on the mentioned date and time
  • They need to bring the required documents, submissions and evidences if any
  • The trademark officer after hearing the case with the help of the documents, can either give his decision at the very moment or he might hold his decision for a few days.

Trademark hearing in India is an essential part of the law system of India, which should be followed diligently and respectfully.