Trademark Hearing
The process of a Trademark Hearing involves appearing before the Registrar of Trademarks, either in person or through a Trademark Agent or Attorney, with the aim of addressing the objections raised in a report issued after the submission of a Trademark Registration application. If the Registrar is not satisfied with the response submitted to address the objections in the report, a Trademark Hearing is scheduled. This article provides a comprehensive guide to the Trademark Hearing process in India.
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Trademark Hearing – An Overview
The process of trademark registration allows for a specific period for the public and competitors to raise objections. After the registration, a report must be published to address any objections. Additionally, a hearing with the registrar of trademarks is conducted where physical presence with a legal representative is crucial. If the response to the objection is not satisfactory, the registrar authority may cancel the trademark registration, and the certificate may not be issued as scheduled. Therefore, addressing trademark objections is a critical step in the registration process.
Steps Involved in a Trademark Hearing Process
Although a formal code has not been established for the hearing, the trademark hearing process covers the following aspects:
The individual or their trademark representative must appear in person before the designated council on the scheduled date and time of the hearing.
The matter should be presented to the specific trademark officer with all the necessary supporting documents, submissions, and relevant legal precedents.
The registrar will either render a decision immediately (approve or reject) or postpone it for a few days after considering your entire case.
List of Required Documents for Trademark Hearing
The documents required for a trademark hearing may vary based on specific circumstances, but some of the common ones are mentioned below:
Power of Attorney: This document grants legal authority to a trademark attorney to act on behalf of the applicant.
Authorization Letter: The applicant must provide an authorization letter to allow their lawyer or representative to attend the hearing on their behalf.
Affidavit of Use: The actual usage date of a trademark is essential for its registration. Therefore, by submitting an affidavit of use, the applicant can demonstrate the date and manner in which the trademark has been used. The affidavit must contain all the necessary information regarding the usage of the trademark.
Additional Submissions: To support your case, it is advisable to provide a list of relevant details such as case laws and precedents. You must also furnish evidence that supports your claims and demonstrates that your trademark qualifies for registration. The necessary business documents, examination report, hearing report, and notice should also be submitted.