If the registrar is not satisfied with the reply filed in response to the Examination report issued, the matter is further advanced to the hearing stage. A show cause notice is sent to the applicant by the trademark registrar in respect of Trademark hearing. The hearing notice is usually sent 1 month prior to the hearing date. The Notice is also available on the portalhttps://ipindiaonline.gov.in/eregister/eregister.aspx under the heading Correspondence& Notice.
Lets understand the purpose and importance of Trademark hearing through an example
Aman filed Trademark “PETALS” in respect of goods falling under class 29. The examination report issued, objected the mark under sec 11 (1) of the Trademark Act, i.e citing reason that the applied mark is deceptively similar or identical with the cited mark.
Here, when Aman filed the reply in response to Examination report, the same was foundnon- satisfactory and hence the Application advanced to the Hearing stage.
What purpose does Trademark hearing serves?
Trademark hearing is basically an opportunity given to the Applicant to show cause why his brand name be cleared or accepted
NowAman may appear before the Hearing Officer on the fixed dateto present his case through legal and factual submissions and arguments. Hearing may be attended by Aman personally or through his representative - lawyer/ attorney.
During the hearing, Trademark officermust be satisfied, based on submissions, evidences, proofs, bills, relevant case laws etc.that the markis acceptable and that it complies with the requirements of the Trademarks Act, 1999
After reviewing the submissions, the registrar can either accept, adjourn (provide another opportunity) or refuse theapplication.The chances for hearings are limited and depends on the progress of the case, hence it is recommended the hearing be attended by experienced lawyer/ attorney.
Post hearing, if the mark is accepted, the same will be published in Journal for a period of 4 months.
The order passed by the Trademark officer will be duly communicated to the Applicant or to the authorized attorney via mail.