Trademark Hearing Process in India

  • Analyze your show‑cause or hearing notice to identify specific objections raised by the Registrar
  • Advise on legal grounds and formulate a robust response strategy tailored to your case
  • Gather and organize all supporting evidence: affidavits, invoices, advertising materials, and usage proofs
  • Draft detailed witness statements and legal submissions to address each objection point
  • Arrange any additional authorization letters to ensure your representative is fully empowered
  • Ensure compliance with any post‑hearing conditions or requirements set by the Registrar

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Services

In‑Depth Notice Analysis

Upon receipt of your trademark show‑cause or hearing notice, our team meticulously reviews each objection cited by the Registrar. We pinpoint the exact legal grounds invoked under the Trademarks Act (Sections 9, 11, etc.) and assess potential overlaps with existing marks. This diagnostic phase allows us to craft a tailored response strategy—whether that involves contesting the examiner’s objections directly, conceding and proposing amendments, or preparing to negotiate a co‑existence agreement.

Compiling Robust Supporting Materials

Strong documentary evidence is critical to overcoming hearing objections. We coordinate collection of:

  • Usage Proof: Invoices, packaging samples, brochures, screenshots of online listings
  • Affidavits: Witness statements from company officers or long‑term customers
  • Marketing Collateral: Advertisements, social‑media posts, press releases Each item is formatted and annotated to directly address the Examiner’s concerns, ensuring a cohesive and persuasive submission.

Legal Filings & Power of Attorney

Timely, error‑free filings are essential. We prepare and file:

  • Power of Attorney (Form TM‑48): Empowers our attorneys to act on your behalf
  • Formal Reply (within 30 days): Addresses every objection point, cites precedent, and invokes applicable statutory provisions
  • Affidavits of Use: Confirms your trademark’s active presence on websites, e‑commerce platforms, and promotional materials

Oral Advocacy Before the Registrar

If your case advances to a hearing, our experienced IP advocates:

  1. Present opening arguments highlighting the mark’s distinctiveness and valid use
  2. Cross‑examine any witnesses or expert examiners, challenging the basis of objections
  3. Rebut examiner’s points with direct evidence and legal authority
  4. Deliver closing submissions summarizing why the trademark merits registration

Following Up & Next Steps

After the hearing:

  • We track the Registrar’s interim directions and file any additional submissions if requested.
  • If the decision is adverse, we prepare and file an appeal before the Intellectual Property Appellate Board, marshaling further evidence and legal arguments.
  • If favorable, we assist with the final formalities to secure your registration certificate and integrate it into your brand‑protection framework.

Long‑Term Protection & Renewal

Beyond the hearing, we offer:

  • Risk Mitigation Advice: Guidance on avoiding future conflicts, pre‑filing surveys for new marks.
  • Renewal Planning: Automated reminders and renewal filings every ten years to maintain uninterrupted protection.
  • Portfolio Management: Coordinated filings for related classes or jurisdictions, ensuring a cohesive global trademark strategy.

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