Trademark Hearing
Starting At ₹4,000/-
- Best Trademark Services In India
- Online, Quick And Hassle Free Process
- Trademark Objection Reply Filing Within 24 Hours
- Free Professional Consultancy
- Trademark Hearing By Experts
- Decade Of Experience In Trademark Services
Why Choose Us
A Trademark Hearing also referred as Show Cause Hearing is an important step in Trademark Registration process to provide an opportunity of being heard to the applicant to clear the objection and to get the trademark accepted. In the hearing, the applicant submits their arguments and evidence in support of the application.
The registrar will carefully review the arguments and evidence submitted by the applicant. After analysis, the registrar issues an order based on the merits of the case. In order to get the approval in a Trademark Hearing, it’s important to plan and present submissions thoughtfully.
To increase the chances of getting your trademark accepted in a hearing, It is better to have experienced legal counsel present to ensure the best possible outcome. At My Trademark Guide, we understand the significance of safeguarding your brand identity in today’s competitive business landscape. As a leading provider of Trademark services, we take pride in offering comprehensive and seamless hearing solutions to protect your intellectual property. Here’s why choosing us is the smart and strategic decision for your Trademark services in India:
Expertise and Experience
Comprehensive Guidance
Cost-Effective Solutions
Timely Execution
What is Show Cause Hearing
When a trademark is submitted, a trademarks examiner reviews it. If the examiner has any concerns, then he may issue an examination report to object the trademark application. The applicant is required to submit a reply to the examination report in a time bound manner. If the examiner does not get satisfied with the reply and wants the applicant to appear and submit further clarifications then the examiner may mark the trademark for hearing.
A Show Cause hearing is a hearing scheduled by the examiner in which the applicant is required to submit further clarifications and evidences in support of their trademark application. Once the hearing is concluded the registrar may either accept or refuse the trademark on merits.
Documents Required For Trademark Hearing
For Attending a hearing on your behalf, we require the following from you:
Authorization Letter
Our team will share the format of the authorization letter. This authorization letter is necessary so we can act on your behalf and attend the hearing.
Evidence In Support
We will require the evidences in support of your application. Evidences include: proofs of use of the mark like invoices, advertisement expenses, turnover proofs, product photos etc.
My Trademark Guide is your reliable partner in the process of trademark hearing. We provide expert guidance and support to make the journey hassle-free. You can trust us to help you compile all the required documents and navigate through the complexities of the registration process. Start securing your brand identity today by choosing us!
How To Know Trademark Is Marked For Hearing
After submission of the reply to the examination report, if the Trademark has been marked for hearing you can see an alert “Ready for Show Cause hearing” on the trademark website status.
The trademark status can be checked at https://ipindiaservices.gov.in/eregister/eregister.aspx.
Once the alert “Ready for Show Cause hearing” pops on your trademark application, the trademark department may take upto 1 year to schedule the hearing. This time varies as per the pendency with the department. However, in order to expedite the registration process and get the hearing early one can file a request to expedite the process by submitting Form TM-M.
How To Prepare For Trademark Hearing
A Brand future may depend on a trademark hearing. Hence, an important step before attending the hearing is to prepare yourself. Take the following steps to prepare yourself:
- Carefully read the objection: The first step is to carefully read and analyze the objection raised in the examination report. Try to grasp why the examiner raised this objection.
- Prepare your submissions: Once you have a good understanding of why your trademark application is objected to, prepare your submissions for the objections raised.
- Give your submissions: After preparing your submission, it is important to effectively communicate the same to the Examiner of Trademarks.
- Be sensitive to the Registrar’s perspective: After giving your submissions it is important to be attentive to the registrar comments. The registrar may require you to amend the trademark application or ask to submit supporting documents, it is important to acknowledge and discuss the same.
How To Attend Trademark Hearing
Before the year 2020 when Covid did not impact the world, show cause hearings were conducted physically where the applicant or his agent was required to attend the hearing in person at the regional trademark office.
However, post covid era since year 2021 the trademark department designed facilities to conduct and attend the hearings through video conferencing mode. Now the hearings can be attended through the remotest of location with the help of an internet connection.
You can attend the show cause hearing by visiting the link: https://tmrsearch.ipindia.gov.in/TMRDynamicUtility/CauseListForHearingCase/Index
Attending trademark hearings without technical knowledge can be challenging and may reduce the chances of acceptance. My Trademark Guide makes attending the hearing and getting trademark accepted easier. Contact us today to simplify the process and increase your chances of acceptance.
How To Submit Evidences For Trademark Hearing
Evidences to support your case are important to get a trademark application accepted at the hearing. In order to submit the evidences for hearing follow the below mentioned steps:
- Log in to the E-filing portal at https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
- Navigate to the Miscellaneous Reply section.
Submit the evidences through the online portal by going to option “DOCUMENTS IN SUPPORT OF SHOW-CAUSE-HEARING (SCH)”.
Difference Between Show Cause Hearing and Trademark Opposition Hearing
There is often confusion between the terms “show cause hearing” and “opposition hearing” in the context of trademark hearings. Although these terms are sometimes used interchangeably, they carry distinct meanings.
A “show cause hearing” refers to hearing held for clearing the concerns raised by the Trademark Examiner regarding the application filed for registration. The applicant or his agent will attend the hearing and give their submissions regarding the queries raised in the examination report. The registrar will accept or refuse the trademark accordingly.
On the other hand, a “opposition hearing” occurs when a third party challenges the validity and registration of the trademark. In an opposition hearing both the opponent and the applicant make submissions in the favor of their case. The registrar will listen carefully to the submissions and decide whether the trademark must be accepted or refused.
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Frequently Asked Questions (FAQs)
Trademark Hearing also referred as Show Cause Hearing is an important step in Trademark Registration process to provide an opportunity of being heard to the applicant to clear the objection and to get the trademark accepted.
A trademark objection is raised by the Trademark Registry when concerns emerge about your application. These concerns may include similarities with existing trademarks or problems with the classification of goods and services.
When the examiner is unsatisfied with the reply submitted to him against the examination report and wants further clarification, he may assign the trademark for hearing
In a trademark hearing the applicant or his agent is required to give the submissions in support of the application and against the objections raised in the examination report.
If the examiner is satisfied by the submissions in the hearing, he may accept the trademark or incase he is not satisfied then the trademark will be refused.
The documents in support of use of the trademark can be submitted in the hearing.
The applicant can himself attend the hearing but if the applicant does not have technical knowledge of the working of the trademark department, it is suggested that the applicant hires an expeirence professional for representation.
Yes, applicant has the right to appeal against the decision rendered at a trademark show cause hearing.