Trademark Hearing is conducted by the Trademark Registrar for setting aside the objections raised after the Examination of the Trademark Application. The Applicant to the process must appear personally or through a Trademark Attorney or Trademark Agent. Hearing takes place when the Registrar requires more submissions or clarity with replies filed against the Objections raised in the Examination Report during the procedure of Trademark Registration.
Trademark Hearing process comprises of following steps-:
- A Trademark Hearing Notice is served to the Applicant. Once the Notice is received by the Applicant, written submissions should be prepared with all the relevant information that will help the entity to fix the Objections.
- An individual or his Trademark Counsel must appear before the authorities with the appropriate documentation as per provided conditions and date in the Hearing Notice.
- After this, the Trademark Registrar will evaluate the relevancy of the documentation along with the evidence submitted by an individual or by the respective Attorney.
- On being satisfied with the information, the Registrar will provide his acceptance to the Trademark Registration or will refuse the same if not satisfied with the information.
- The Registrar is empowered enough to reject or suspend the process if he requires further clarification in such regard.
If the Applicant fails to appear for the Trademark Hearing, the concerned Officer may adjourn the hearing for two or three times at his discretion but after that the Trademark will be refused.
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