Trademark hearing is a formal proceeding related to your trademark application. Here you and your lawyer talk to the trademark office to explain why your application should be approved.
At the time of hearing you can submit proof and give reasons to show why your trademark is good. After that the officers will decide whether to approve, reject or ask for more information.
In this guide we will walk you through trademark hearing preparation, notice, and process in India. So stick around and read carefully.
What Do You Mean By Trademark Hearing Notice?
It means that the officers have found some issues in your trademark application so, they send you a notice to explain that or fix that in the hearing scheduled by the trademark office.
In the trademark hearing notice notice there are some points mentioned that you need to pay attention to that are:
- Date and Time
- Reason for the Hearing (objection)
- And the Medium of attending the hearing (Online, In-person, or by written reply)
How to Prepare for Trademark Hearing
There are some points you need to pay attention to while preparing for the trademark hearing in India. Those are as follows:
Understand why you received a hearing notice
The Indian Trademark Registry issues a hearing notice when your trademark application has objections that were not cleared during examination.
These objections are explained in the Examination Report.
Common reasons include:
- Similarity with an existing trademark
- Lack of distinctiveness
- Descriptive or generic words
- Missing evidence of use
- Improper classification
Action: Read the hearing notice carefully to understand the exact objection points.
Study the Examination Report thoroughly
Go line by line through the report.
Highlight the objections — for example, “Section 9” (absolute grounds like descriptiveness) or “Section 11” (relative grounds like similarity with other marks).
Note the specific trademark(s) cited against you (if any) so you can argue your case better.
Collect supporting documents
Depending on the objection, gather strong evidence. For example:
- Proof of prior use — sales invoices, advertising bills, website screenshots showing the mark in use before your application date
- Brand popularity — social media presence, promotional campaigns, newspaper ads
- Distinctiveness — customer testimonials or surveys showing people recognize the mark
- Certificates — MSME certificate, ISO certifications, awards, if they strengthen your case
- Organize these neatly — in a file or digitally — to present them efficiently.
Prepare your legal arguments
Address every objection raised in the Examination Report. Prepare reasons why your mark should be accepted:
- If an objection is about similarity, explain how your mark is visually, phonetically, or conceptually different.
- If an objection is about descriptiveness, argue how the mark has acquired a secondary meaning in trade.
- If about wrong class, justify why you picked that class.
Get professional help
You can represent yourself, but it’s wise to hire a trademark agent or trademark lawyer. They know the legal standards, past case decisions, and can put forward arguments strongly. They will also check all your documents are in order before the hearing.
Prepare for the hearing day
Write down the hearing date and time-and whether it is in-person or virtual, since many are going video these days.
- keep all documents printed and in pen drives and laptops, just in case.
- Prepare to answer questions from the hearing officer clearly and with confidence.
- This includes being early (or logging in early) so as not to miss one’s slot.
Follow up after the hearing
After the hearing, the officer may ask you to file written submissions (called post-hearing submissions) within a certain time — usually 15 days.
Mistakes To Avoid During Trademark Hearing Process
Here are some common mistakes you should avoid while preparing for the trademark hearing process.
- Don’t ignore the notice for your trademark assignment hearing since it may prove fatal for your application without another chance or opportunity.
- Never go to a hearing unprepared because if you fail to explain or do not carry strong evidence with clear explanation can lead to case dismissal.
- Forewarned means fore-armed: do not submit incomplete or irrelevant documents, merely to confuse the issues at hand instead of dealing with the specific objections raised by the examiner.
- When in doubt, do not venture in/thinking you can handle all difficult legal objections alone. A trademark agent or lawyer represents those objections better.
- Don’t miss anything else after the hearing by allowing deadlines thereunder, as the filing of post-hearing submissions within time, or else your mark is liable to be rejected.
- Being defensive, rude, or excessively emotional before the hearing could adversely reflect on the hearing officer’s perception of your claim.
- Don’t keep your eyes shut on trademark status after the hearing, for you might spare yourself from going through extra updates or requirements sought by the registry.
- Don’t depend only on physical documents, for adequate digital support will help should the need arise.
List of Trademark Hearing Jurisdictions in India
There are a total of 5 Trademark Hearing Authority in India those are:
- Delhi
- Mumbai (Head Office)
- Chennai
- Kolkata
- Ahmedabad
Officially, these five Trademark Registry offices in India conduct hearings for applications under their territorial jurisdiction.
Conclusion
If you ever receive a trademark hearing notice the first thing to do is do not panic, first read the notice thoroughly then start preparing for it step by step as i have mentioned above and the most important point is to avoid common mistakes during the preparation if you follow these steps then i dont think any problem will occur during the hearing process.
But still if you are not confident, then take advantage of a legal consultancy agency like Regible Corporate Advisor LLP.
They are professional legal consulting service providers providing services like Trademark Registration, PSARA License, Company Registration, Section 8 Registration, and many more.
FAQs
How many days does it take to complete the trademark hearing process?
In most cases, the duration of that process is 6 months to 1 year.
What happens if you do not appear in the trademark hearing?
If you do not appear at the time of hearing then your application will be dismissed or rejected due to lack of prosecution.
Is there any fee I have to pay for the trademark hearing process?
No, there is no government fee to attend the hearing or for the process, but if you hire an attorney or take any legal assistance then you have to pay.
What happens if I ignore the trademark hearing notice?
If you ignore the trademark hearing notice then there is certain you will lose the chance to register your trademark again. So do not ignore the notice.
Can I extend the trademark hearing date?
Yes you can extend the trademark hearing date by filling a request for adjournment using Form TM-M along with a fee of ₹900. You must fill this at least 3 days prior to your hearing date.
Do I need any legal assistance for my trademark hearing?
This is not mandatory, but is highly recommended if your case has objections or complex legal issues. Contact Regible for legal assistant.
