Trademark Hearing

Here is a complete and easy-to-follow guide on Trademark Hearing in India, designed for applicants, businesses, and legal professionals dealing with trademark objections or oppositions:

Trademark Hearing in India – Complete Guide

What is a Trademark Hearing?

A Trademark Hearing is a formal opportunity to present your case before the Registrar of Trademarks when:

• Your trademark application has received an objection (under Section 9 or 11), and/or

• You have filed a reply, but the Registrar is not fully satisfied

• Or, an opposition has been filed by a third party

The hearing is your chance to prove that your trademark is eligible for registration based on facts, usage, distinctiveness, and law.

Documents Required for Trademark Hearing:

1. Trademark Hearing Notice

2. Examination Report / Opposition Notice

3. Reply to Objection or Counter-Statement (already filed)

4. Affidavit of Trademark Usage (if applicable)

5. Supporting Evidence such as:

   • Invoices or sales records

   • Advertisements, social media, brochures

   • Domain name registration

   • Business registration or GST

6. Power of Attorney (if represented by attorney/agent)

Trademark Hearing Procedure:

Hearing Notice Issued

• Issued via email or posted on IP India website

• Contains date, time, and location/online link

• Usually scheduled in regional Trademark Offices (Delhi, Mumbai, Chennai, etc.)

Appear for Hearing

• Attend in person or online through video conferencing

• Present arguments, show evidence of usage, and clarify objections

• If you're represented by an attorney, your physical presence is optional

Registrar’s Decision

• Based on the hearing, the Registrar may:
  Accept the trademark (and publish it in the journal)
  Refuse the trademark
  Ask for more documentation or a second hearing

What Happens After the Hearing?

• If accepted → Trademark is advertised in Trademark Journal for opposition

• If rejected → A Refusal Order is issued

• You can file a Review/Appeal within 30 days to IPAB/High Court

Tips for Successful Trademark Hearing:

• Be well-prepared with strong legal and factual evidence

• Prove usage if your mark is objected under Section 9

• Show clear differentiation from similar marks under Section 11

• Always file evidence in advance and not on the spot

• Engage a professional legal representative to strengthen your case

Why Choose SSA TAX for Trademark Hearing Support?

We help you with:

• Analysis of hearing notice and case history

• Preparing and submitting usage affidavits and evidence

• Representing you before the Trademark Registry

• Drafting and filing post-hearing submissions

• Appeals and review petitions, if needed

Received a Trademark Hearing Notice?

Let SSA TAX help you defend your brand professionally before the Registrar.

Contact us today to get expert legal representation and save your trademark from rejection!