important things you should know
The agent/applicant/attorney concerned receives a hearing notice informing them of the application number and date of hearing. The hearing notice is usually sent about 15 days before the hearing date.
After the show cause hearing is concluded and the Examiner is satisfied that the trademark merits registration, the Application is accepted and advertised in the Journal for four months inviting Oppositions from public. If no opposition is received, the trademark is registered after the lapse of four months as per rules. In case of trademark opposition hearings, if the Registrar decides in favour of the Applicant, the mark is registered for ten years.
A trademark hearing is simply a meeting with the Registrar of Trademarks. According to the TM Rules, 2017, the applicant or his agent duly authorized by him may attend the hearing.
Yes. According to the Trademark Act 1999, when joint owners file an application, the trademark is considered to be owned jointly by them equally and no measurement of the rights is permitted. The financial benefits or outcome of using the brand, on the other hand, can be calculated by the joint owners based on the terms and conditions signed by the parties.
Virtual modes of hearing have been available since 2020, and all Trademark Hearings in India are now conducted online. However, for the purpose of filing Trademark Applications, all states and union territories have been divided into five Regional Jurisdictions. They are as follows:
Mumbai: The States of Madhya Pradesh, Maharashtra, Goa, and Chhattisgarh
Ahmedabad: The States of Rajasthan and Gujarat and Union Territory of Dadra, Diu, Daman, and Nagar Haveli.
Kolkata: The States of Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and Union Territories of Andaman & Nicobar Islands and Nagaland.
New Delhi: The States of Jammu & Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, Union Territories of Chandigarh and Uttarakhand.
Chennai: The States of Andhra Pradesh, Tamil Nadu, Telangana, Kerala, Karnataka, and Union Territories of Pondicherry and Lakshadweep Island.