Trademark Hearing

Online Trademark Hearing in India

Select Package

Basic

RS. 6999/-

RS. 10000/-

1.
Trademark Hearing
?
Attending trademark hearing by experts for single application filed by LEGALDISHA.
2.
Drafting and filing of hearing evidences
?
Our experts will draft and file hearing evidence against objection along with user affidavit (if any).
3.
Free TM Consultation By expert
?
Get free consultation for trademark hearing from highly experienced experts team.
4.
Tracking & updates of trademark status
?
Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
5.
Call, Chat, Email Support
?
Contact us at call, chat or mail for updates and guidance.
6.
No hidden charges
?
LEGALDISHA provides you transparency in charges. No hidden extra cost required.

Standard

RS. 8499/-

RS. 13000/-

TRADEMARK HEARING FOR SINGLE APPLICATION NOT FILED BY LEGALDISHA

1.
Trademark Hearing
?
Attending trademark hearing by experts for single application not filed by LEGALDISHA.
2.
Drafting and filing of hearing evidences
?
Our experts will draft and file hearing evidence against objection with user affidavit (if any).
3.
Fresh Form TM-48
?
Before attending trademark hearing Power of Attorney (POA) or Form TM-48 is required to be executed in the name of trademark agent and duly stamped & notarized POA provided by applicant.
4.
Filing of TM-M
?
For the purpose of changing authorized trademark agent TM-M is filed.
5.
Free TM Consultation By expert
?
Get free consultation for trademark hearing from highly experienced experts team.
6.
Tracking & updates of trademark status
?
Obtain hassle-free services without frequent follow-ups. Get up-to-date status of trademark from LEGALDISHA.
7.
Call, Chat, Email Support
?
Contact us at call, chat or mail for updates and guidance.
8.
No hidden charges
?
LEGALDISHA provides you transparency in charges. No hidden extra cost required.

HOW WE WORK

1. Fill form and make payment.

2. Our Experts team will connect to you regarding necessary documents.

3. Drafting and filing of hearing evidences.

4. Attendance of hearing on allotted date by attorney.

5. Updation of hearing order to you.

Congratulations your hearing is successfully attended!!

Documents required for Trademark Hearing

Basic Package

SUPPORTING EVIDENCE DOCUMENTS

Additional Document required to support the application in hearing (if any).

Standard Package

Identity Proof

Self-attested Aadhar Card & Self Attested Pan Card of authorized Person.

Address Proof

Self-attested address proof for confirmation of address.

EXAMINATION REPORT OF TRADEMARK OR APPLICATION NUMBER

Examination report received from TM registry or application number.

Authorization TM-48

Duly signed, stamped & notarized by the applicant.

User affidavit of usage

User affidavit duly stamped & notarized by applicant (if any).

Supporting evidence documents

Additional Document required to support the application in hearing (if any).

WHAT IS TRADEMARK HEARING

A trademark hearing is a appearance before the registrar of trademarks both in person or by a trademark attorney or trademark agent whether through physical or video conferencing mode, for showing cause that why the trademark is eligible to be accepted against the examination report issued after trademark application.

WHY EXAMINER ISSUE TRADEMARK HEARING NOTICE?

Trademark hearing is the next step after the trademark objection reply is filed with the registry. For any reason if the trademark registrar requires more clarification for getting trademark accepted; hence shall issue the trademark show cause notice so that the clarification can be filled by the applicant. In reply of the notice either applicant or applicant’s representative needs to get appeared in front of the examiner to present case.

PROCESS AFTER SHOW CAUSE HEARING?

TRADEMARK FOR HEARING

Show cause hearing date may be allotted to the applicant for presenting submit arguments and the proof of use for registration of the mark before the Registrar of Trademarks. After the hearing, the hearing officer might accept or even proceed with the application for further trademark hearings. In case a hearing is not scheduled, the trademark might get accepted or refused by registry.

ADVERTISEMENT OF THE TRADEMARK IN JOURNAL

After the trademark application is accepted by the registry, then it will be publish in the trademark journal for period of 4 months.

AWAIT FOR TRADEMARK OPPOSITION (IF ANY)

During the period of 4 month of trademark publishment in the journal, the general public is having right to oppose the brand and if during that period, trademark is not opposed by anyone then it will be registered.

ISSUE OF TRADEMARK REGISTRATION CERTIFICATE

Once the trademark is registered, the trademark registration certificate shall provided by registry through online mode. After receiving certificate of registration, the applicant is having right to use ® with their brand or logo.

TRADEMARK RENEWAL ONLINE

The registered trademark shall be valid for the period of 10 years, which can be renew before expiry of ten years by applicant.

CONSEQUENCES OF NON-ATTENDENCE OF SHOW CAUSE HEARING

In the event of non-attendance of trademark hearing on the scheduled date, the hearing officer may on its discretion either adjourn the hearing to the next date or deemed as abandoned. In case the hearing officer considered trademark application to be abandoned by the applicant, the status of the application will get converted to abandoned.

FREQUENTLY ASKED QUESTIONS

Specify the documents required for trademark hearing?

Following are prerequisites for Trademark Hearing

Report issued by examiner.
Reply to examination Report(MIS-R.)
Power of Attorney (POA).
User affidavit (if any).
Required documents for support of hearing before examiner.

What is trademark and why is it essential to have a trademark?

Intellectual property right provides exclusive rights to owner of business and brand value which is created the owner of the business will have enforceable right for it if the brand name is registered as trademark and trademark registration certificate has been obtained for the said brand. Trademark can be applied in any form such as wordmark, logo, Punch line or tagline. With the help of trademark, we distinguish the rights of the brand name.

Preparation required to be appeared before examiner for hearing?

Applicant must be ready with the evidences held with him for the brand loyalty and stated grounds and reply for the said grounds. The market chattered by the applicant will ensure the high probability of acceptance of the reply by Registrar. In case of opposition notice issued the applicant should be well equipped with the customer base brand loyalty, user affidavit, advertisement campaign as proof that the how the trademark is different from the cited mark and it will not create confusion in the customers mind after that the registrar accept the Trademark and it get registered.

Guiding with the trademark registration procedure?

Identification of class.
Public search for trademark.
Filling of TM Application.
Examination Report issued
MIS-R (if any objection raised if by examiner).
Trademark Show cause notice (if any).
Advertisement in trade mark Journal.
Trademark Opposition Reply (if any opposition raised).
Issuance of Trademark Registration Certificate.
Trademark Renewal Online after expiry.

Consequence of not attending of hearing for trademark?

The status of the application may from trademark hearing status will get converted to abandoned if the hearing is allotted and not attended.

State the reasons for issuance of show cause hearing notice?

Following are the reasons for issuance of hearing notice

Objection Hearing Notice
Opposition Hearing Notice

Do applicant need to physically present in the court for the trademark hearing process on the hearing date fixed?

As per the act, applicant may either appear physically in the court or by video conferencing through the appointed trademark attorney for attending the hearing.

Do every applicant need to go through trademark hearing?

No, trademark hearing takes place only when the applicant’s trademark is objected or opposed.

Can a trademark attorney attend the hearing on the behalf of applicant?

Yes, the trademark attorney with the letter of authorization by such applicant can attend the trademark hearing.

Difference In All IPR

BASIS OF DIFFERENCE	TRADEMARK Register Now	COPYRIGHT Register Now	DESIGN Register Now	PROVISIONAL PATENT Register Now	PERMANENT PATENT Register Now
PROTECTION	Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others.	Creative or Intellectual Creations It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc.	Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
PROTECTION VALIDITY	10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years.	Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author.	10 Years Valid for 10 years from the date of its registration.	1 Year Validity of Provisional Patent is for 12 months from the date of filing application of Patent. Within 12 months Documents has to file for permanent patent otherwise it will be abandoned.	20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed.
EXCLUSIVE RIGHTS OF OWNER	Brand w.r.t. Product /Services Use of trademark within the applied class. Protection from unauthorized use and give right to sell the brand.	Distribution of Copies & Perform Work Publicly Right to reproduce the work, to perform the work publicly, to distribute copies, to prepare derivative works and to display the work publicly. Copyright owner has authority to assigning, transfer the work by licensing, and other forms of transfers.	Authority to Use, Sell, Make Etc. It gives authority to Use, sell, make, offer for sell, import the registered design.	Protection from copy of idea Protect from copy of the invention or infringement of Patent.	Authority to Use, Sell, Import Etc. Provide right to Use, sell, import, make with patented idea.
APPLICANTS	Businesses Application made by business owners or owners of product.	Artists, Creative Professionals Artists, Author, Choreographers, Creative Professionals, Architect.	Designer Creator of design.	Inventor Many inventors/businesses who wish to patent their inventions even before they are finalized through a provisional patent.	Inventor Application by Inventors and designers who invented any original invention or with improved function.
SYMBOLS ASSOCIATED	TM & ® TM – Registration under process. ® – Registered Trademark.	© © is the symbol of copyright.	NA No symbol to represent Design.	NA No symbol to represent provisional Patent. Can use tag ‘Patent Pending’ on product any time in 12 months.	NA No symbol represent registered Patent.
EXAMPLE	Brand’ “Apple ”, Logos – the Half Cut Apple Puma, Dairy Milk, Coca Cola etc. are the brand names.	A Copyrighted Book Music, pictures, songs, darling etc.	Ornaments Packaging and shape, graphic symbols, composition of lines etc.	Technology Inventions in pharmaceutical industry.	Technology New computer programs inventions. New invention in pharmaceutical industry.
TIME TAKEN	12-18 Months It takes 12-18 months to complete the process.	4-8 Months It takes nearly 4-8 months to get a copyright. (Without objection) Otherwise nearly 1-2 years.	Prescribed As per the Design Act, 2000 and rules made there under.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.
TERRITORIAL REACH	Territorial Right Only effective in India and Separate application has to file for protection in different countries.	Most of Countries Available in most of the countries of the world.	Territorial Right Design protection is obtained by filing an application in each country/region of interest.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.
GOVERNING BODY	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	Copyright Office Governed by Copyright Office, Government of India.	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

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