Set up a sole Trademark Hearing

  • Trademark hearing appearance by an experienced attorney before the Trademark Register.

75,000+ objections handled since 2011

Trademark Hearing

Register Trademark Hearing Firm Online through Compliance Gurukul

You can easily complete Trademark Hearing firm registration online through Compliance Gurukul. For a sole Trademark Hearing registration, only the PAN & Aadhaar card of the business owner is required. We can help you obtain the following registrations in less than 15 days:

  • GST Registration
  • Zero-Balance Business Current Account with Compliance Gurukul Software

Once, you have registered for the Trademark Hearing firm registration online on Compliance Gurukul, please follow the steps below and upload the following documents by logging into Compliance Gurukul Software.

  • Step 1: Login to LEDGERS using the email address for payment.
  • Step 2: Go to Services Tab & Select Trademark Hearing Engagement
  • Step 3: Upload your PAN & Aadhar Card Copy
  • Step 4: An Compliance Gurukul Registration Expert will file the registration application with GST Department and Bank for Current Account.
  • Step 5: Access to Compliance Gurukul Software is for GST invoicing, GST filing and other services.

Trademark Hearing

A Trademark Hearing in India is an administrative proceeding conducted by the Registrar of Trademarks to resolve disputes between two parties regarding the registration, renewal, or infringement of a Trademark. During the trademark hearing process, each party has the opportunity to present their case, which may include testimony from witnesses, legal arguments, and other evidence. The Registrar will then decide based on the evidence presented. The final decision will significantly impact the Trademark in question. When you receive a trademark hearing notice, it's crucial to respond promptly to protect your intellectual rights. It is essential to have experienced legal counsel present to ensure the best possible outcome.

Importance

Trademark Hearings in India are vital as they provide an opportunity for trademark applicants to defend their applications against objections raised by the Trademarks Registry or third parties. After an examiner assigns the trademark application with a status of 'ready for show cause hearing', then the application needs further review. These hearings enable applicants to provide further evidence and arguments supporting their applications, which can help ensure that they are accepted. They also provide an important forum for resolving disputes over the rights to use trademarks in the country, helping to ensure that trademark owners are adequately protected. Failing to address a trademark hearing notice can result in the loss of your trademark rights.

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Documents Required

Power of Attorney

A power of attorney (POA) is a legal document that permits someone else the authority to act on your behalf in a legal or business matter. When registering for a trademark, the applicant must sign a power of attorney to give the right to represent them in the trademark registration process.

Authorisation Letter

An authorisation letter is a document used to grant permission or authority to another person or entity to act on behalf of the sender in a certain capacity. In trademark registration, an authorisation letter is used to appoint a representative as the applicant’s legal representative for the trademark registration process.

Proof of Usage

Proof of usage is documentation that demonstrates how the trademark is being used in the marketplace. The Indian Trademarks Registry requires this documentation to prove that the trademark is being used in connection with the goods and services it is registered for. Examples of proof of usage include invoices, brochures, advertisements, photographs, and other documents that demonstrate the use of the trademark.

Timelines

A sole Trademark Hearing firm registration can normally be done in India through Compliance Gurukul in max 2 weeks. However, the timelines for registration will vary from case to case, depending on the government and bank processing timelines.

Trademark Hearing FAQ's

A trademark hearing is a formal meeting between the trademark applicant and the trademark Examiner from the Trademark Office, in which the Examiner reviews the trademark application to determine whether it meets the requirements for registration.

A trademark hearing is typically requested when the Examiner has determined that the trademark application does not satisfy all the requirements for registration. If the Examiner has questions or concerns about the application, they may request a hearing to discuss them.

Attending a trademark hearing is important because it allows the applicant to provide additional information to the Examiner, which may help address any concerns the Examiner may have.

The applicant should attend the trademark hearing. If the applicant cannot participate in the hearing, they may designate an authorized representative, such as an attorney, to attend the hearing on their behalf.

After the hearing, the Examiner will make a determination as to whether the trademark application meets the requirements for registration. A Certificate of Registration will be issued if the Examiner decides to register the trademark.

Suppose the trademark is accepted during the hearing. In that case, the trademark application status will change to "Accepted and Advertised." It will then be published in the Trademarks Journal for four months before registration.

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