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Updated on 28 Oct 2020  9.00 AM IST | 4 min read

Trademark Hearing Procedure in India

Trademark Hearing process starts when the reply to the examination report is not accepted or becomes unsuccessful and trademark registrar sends the applicant a show cause notice. This notice tells the applicant or applicant representative to appear in the front of the tribunal to present their case. Trademark objection is raised in the following situations –

  • When the trademark application was wrongly filed
  • When there is a problem with the trademark
  • Some other reason

Most of the times response to the examination report is beneficial and helps in getting your application and trademark accepted but there are many cases when the responses are not helpful. Then, the next step in the process is trademark hearing.

In the trademark hearing, you must have proper trademark attorneys in order to make your trademark accepted in the tribunal. Right trademark attorney is the only way by which your trademark can be accepted by the registrar. Therefore, you should look only for the best trademark attorneys.


What Is Included In Our Package?

Eligibility Consultation

Document Preparation

Application Drafting

Government Fees


Documents Required for Trademark Hearing

The required documents for trademark hearing are as follows –

Power of attorney

Business proof

Hearing notice

Examination report

Authorization letter

TM-7

Usage affidavit

Evidences

Trademark Hearing Process

The two most important things mentioned in the hearing notice are date & time. Every applicant or his representative needs to present before the authority along with the prescribed documents as well as submissions. There is no dress code for hearing but the applicant or his representative should be in formals.

After meeting the concerned trademark officer, you need to tell your complete case to him with the help of submissions, documentary evidences as well as relevant case laws. After putting each and every information in front of trademark officer, trademark officer analyzes the case and give the decision for the same in the favour of the applicant by accepting his or her application or against the applicant by rejecting it. Trademark officer has a full authority to give decision instantly or hold it for few days.

Jurisdiction of Trademark hearing

The territorial jurisdiction of trademark hearing is divided into 5 zones consisting of different states & union territories which are also categorized into the following –

New Delhi

The state of Punjab, Haryana, Himachal Pradesh, UP, Uttarakhand, Union territories of Chandigarh, Delhi & state of J&K.

Chennai

The state of Kerala, Andhra Pradesh, Telangana, Karnataka, Tamil Nadu & Union territories of Pondicherry and Lakshadweep.

Mumbai

The state of Madhya Pradesh, Chhattisgarh, Goa & Maharashtra.

Kolkata

The state of Assam, Bihar, West Bengal, Manipur, Orrisa, Mizoram, Arunachal Pradesh, Sikkim, Tripura, Meghalaya, Jharkhand and Union territories of Nagaland, Andaman & Nicobar Islands.

Ahmedabad

The state of Gujarat, Rajasthan and union territories of Daman, Diu, Dadra and Nagar Haveli.

How to Adjourn Trademark Hearing?

Adjourning of trademark hearing means postponement, ending or dismissal of hearing by the tribunal either temporarily or permanently. It can be adjourned by the concerned officer for the want of appearance or by the applicant itself by Filing form TM-M at least 3 days before the hearing date.

In case you do not attend the trademark hearing, the trademark officer may adjourn it only 2 to 3 times by using his or her power of discretion but in case it is more than that, your application will get rejected and so your trademark.


How Finacbooks help with Trademark Hearing?

Finacbooks is a leading Indian platform having more than 10 years of experience in helping individuals or entities in trademark objection at the best possible price. We will guide you through the entire process of trademark hearing. To avail the best deals on Trademark hearing, kindly call us at 8800221252 or you can also e-mail us at info@finacbooks.com


Trademark Hearing FAQ’S

Trademark hearing process starts after the failure of the response given by the applicant in relation to examination report. Applicant or applicant representative needs to be physically present at the registrar office to counter the defence in order to make their trademark accepted.
Maximum 3 chances are given to the applicant in order to appear in the hearing.
The hearings will go on unless & until the trademark is either accepted or rejected.
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Due Dates

  • GSTR 3B for August 2020 (15 States/UT’s - Chhattisgarh, MP, Gujarat, Daman and Diu, Dadra and Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, TN, Puducherry, Andaman and Nicobar Islands, Telangana and Andhra Pradesh) Oct 1st, 2020
  • GSTR 3B for August 2020 (22 States/UT’s - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi) Oct 3rd, 2020
  • GSTR 1 for September 2020 (turnover more than INR. 1.50 Crore) Oct 11th, 2020
  • Monthly GSTR 6 for September 2020 Oct 13th, 2020
  • Monthly GSTR 7 (Summary of Tax Deducted at Source (TDS) and deposited) for September 2020 Oct 10th, 2020
  • Monthly GSTR 8 (Summary of Tax Collected at Source (TCS) and deposited by e-commerce operators) for September 2020 Oct 10th, 2020
  • CMP 08 for July to September 2020 Oct 18th, 2020
  • GSTR 5 (Non-Resident Foreign Taxpayers) Monthly Filing Due Date for September 2020 Oct 20th, 2020
  • GSTR 5A (Non-Resident OIDAR Service Provider) Monthly Filing Due Date for September 2020 Oct 20th, 2020
  • GSTR 3B for September 2020 (Annual Turnover of more than Rs 5 Cr in Previous FY) Oct 20th, 2020
  • GSTR 9 and 9C (Annual Return) FY 2018-19 Dec 31st, 2020
  • GSTR 1 (Quarterly) for July to September (Summary of outward supplies where turnover is upto Rs 1.5 crore) Oct 31st, 2020
  • Annual GSTR 4 for FY 2019-20 Oct 31st, 2020