Attending TradMark hearings

The appearance of a person as a trademark agent or trademark attorney in front of the trademark registry to clear the obstacles involved in trademark registration is called a trademark appearance. Due to the competition, the chances of trademark objection is the most common issue nowadays. You need to attend the trademark hearing in case reply filed does not meet the objections raised.

After submitting the reply within 30 days from the date of issuance of the examination report, the registrar goes through the reply and read all the submissions made therein. It is at the discretion of the registrar whether to accept the submissions and defense of the reply filed. If he found to be unsatisfied with the reply, the trademark status will get changed to “Ready for show cause hearing” and in next few months, hearing notice will be issued mentioning time and date. The name of your concerned registry officer will be issued along with data and time of the meeting.

DOCUMENTS REQUIRED FOR TRADEMARK HEARING

For trademark hearing required documents will be varying from one case to other, however ill make it bit comprehensive.

1. 1. 1. Letter of authorization – In Order to authorize the attorney or any person for attending the hearing an authorization letter shall be given by the applicant.
      2. Power of Attorney to be executed in favor of trademark attorney
      3. Affidavit of Usage- The date of usage plays a crucial role in getting your trademark registered. Thus, the applicant emphasizes the usage date of a trademark filed by filling a usage affidavit for it. In the affidavit prepared the applicant must give the complete details about the usage of the brand name.
      4. Additional Submissions – For reference make sure to keep the short notes of the important things like case laws and examples related to your case. Also, you must carry the evidence that makes your claim strong and proves the capability of your trademark getting registered.
      5. Proof of Business
      6. Examination Report
      7. Hearing Notice

PROCEDURE OF TRADEMARK HEARING

As per the time and date mentioned in the hearing notice, the person or his agent/trademark attorney has to be present before the authority with the requisite documents and submissions. No dress code has been specified for the hearing but it has to be formal. After reaching to the concerned trademark officer, the case has to be put up along with your submissions, documentary evidence and relevant case laws, after putting up your complete case to the officer, he will either give his decision at that moment only (accepted or abandoned) or he will hold his decision for a few days.

We as trademark experts always seek for evidence, and one with clear and Solid Statement of evidence will always win the case, consult the Attorney here and get the Positive Steps to avoid misleading.

JURISDICTION OF TRADEMARK HEARING

According to the different states and union territories territorial jurisdiction for trademark applications and hearings are in 5 zones:

1. 1. 1. AHMEDABAD: The State of Nagar Haveli, Gujarat, Rajasthan, Daman, Diu, and Dadra.
      2. CHENNAI: The state of Telangana, Kerala, Tamilnadu, Karnataka Andhra Pradesh, Pondicherry, and Lakshadweep Island.
      3. KOLKATA: The State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman & Nicobar Islands.
      4. MUMBAI: The State of Chhattisgarh, Madhya Pradesh, Maharashtra, and Goa.
      5. NEW DELHI: Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Uttarakhand, Delhi and Union Territories of Chandigarh.