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.
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.
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.
The trademarks can be refused on the below-mentioned grounds
The procedure for trademark hearing in India is as follows
Trademark hearing in India is an essential part of the law system of India, which should be followed diligently and respectfully.