Trademark Hearing Process in India – Explained With Real-Life Touch
📝 Trademark Hearing Process in India – Explained With Real-Life Touch
So yeah, you applied for a trademark… you waited patiently… and then one day, boom – a hearing notice lands in your inbox 😨. First reaction: “Am I in trouble?”
Relax, you’re not alone. Trademark hearings are more common than you think, and no – it’s not a courtroom battle. In this blog, I’ll walk you through the trademark hearing process, share flowcharts, tables, and even my own experience (and mistakes, lol 😅).
🎯 What is a Trademark Hearing?
It’s a formal stage in the trademark registration process where the Registrar (Examiner) gives you a chance to justify your trademark if there are objections raised.
“It’s kinda like saying – convince me why your brand name deserves protection.”
🔍 Why It Happens?
If the Registrar feels:
- Your trademark is similar to someone else’s
- It’s too generic, descriptive or lacks distinctiveness
- Your response to objection wasn’t convincing
Then they call you for a hearing. Simple as that.
🧭 Flowchart: Entire Trademark Process With Hearing
Trademark Application Filed
↓
Examination by Registrar
↓
Objection Raised (Section 9 / Section 11)
↓
Examination Report Issued
↓
Reply Submitted by Applicant
↓
[If Accepted] ➝ Accepted & Advertised (No Hearing)
↓
[If Not Accepted] ➝ Hearing Notice Issued
↓
Attend Hearing
↓
Decision:
↳ Accepted & Advertised ✅
↳ Refused ❌
↳ Adjourned (Another Hearing)
📬 How Do You Receive the Hearing Notice?
- Via email (registered while applying)
- On IP India website under application status
- Usually given 15–30 days in advance
It mentions:
| Field | Details |
|---|---|
| Application No. | Your TM application number |
| Date & Time | Schedule for the hearing |
| Mode | Online (Webex) or In-person |
| Hearing Officer | Name of Examiner |
| Objection Reason | Usually under Section 9 or 11 |
⚖️ Section 9 vs Section 11: Quick Comparison
| Section | Description | Example of Rejection |
|---|---|---|
| 9 | Absolute grounds – no distinctiveness | “Cold Water” for refrigerators |
| 11 | Relative grounds – similar to existing mark | “Zomatoo” vs “Zomato” |
🧾 What To Do After Getting the Hearing Notice?
Let’s break it down:
✅ Steps to Follow
- Read the notice carefully – understand the grounds of objection.
- Hire a trademark attorney if you haven’t yet.
- Prepare a solid reply with supporting documents.
- Upload reply before the hearing if portal allows.
- Mark the hearing date in your calendar – don’t miss!
📂 Documents to Collect
| Document Type | Purpose |
|---|---|
| Invoices / Bills | To show use of trademark in business |
| Website screenshots | Evidence of online presence |
| Logo/Brand Designs | Proving originality |
| Social media ads | Demonstrating public usage |
| Packaging photos | Real-world branding |
💻 How Does the Hearing Happen?
Here’s a look at what to expect:
🧭 Flowchart: Trademark Hearing Day
Login to Webex / Reach Office (Offline)
↓
Wait for Your Turn (Multiple Hearings a Day)
↓
Hearing Officer Opens Your Case
↓
You/Attorney Present the Arguments
↓
Officer Asks Questions
↓
Decision Reserved (No Final Verdict Today)
🎤 What You’re Asked During Hearing
- What’s unique in your brand?
- Are you already using the name?
- Can you differentiate from other marks?
- Have you advertised your brand?
Keep it short, professional, and polite. Even if you’re frustrated 😅.
📊 What Happens After the Hearing?
| Outcome | Meaning |
|---|---|
| Accepted ✅ | Your mark is published for public opposition |
| Refused ❌ | You can appeal (review or High Court) |
| Adjourned | Another hearing may be scheduled |
| No Update for Weeks | Very normal – check status online regularly |
💡 Real-Life Tips (From Someone Who’s Been There)
- Do not miss hearing – that’s a quick rejection.
- Speak confidently but respectfully.
- Dress decently even on video hearing (looks matter!)
- If your attorney goes alone, ask for a copy of arguments presented.
- Always check your mark’s status online – don’t just wait for emails.
❓FAQs – Trademark Hearing Edition
❓ What if I miss the hearing?
You can file a request for adjournment or re-hearing – but only once or twice. Don’t rely on this.
❓ Can I attend myself without a lawyer?
Yes, but only if you are confident in legal stuff. Else, go with a trademark agent or advocate.
❓ Can I get rejected even if I attend?
Yes, if your arguments or evidence is weak. That’s why preparation matters.
🧠 Summary Table – Quick Recap
| Stage | Action Needed |
|---|---|
| Hearing Notice Issued | Read, prepare, hire lawyer |
| Before Hearing | Submit documents/reply |
| Day of Hearing | Attend on time, explain objections |
| After Hearing | Wait for decision (check IP India site) |
| If Refused | File review/appeal |
✍️ Final Thoughts
Getting a trademark hearing is not the end of the world. It’s a second chance to defend your brand name. Yes, the system can be slow, and confusing at times. But if you handle it smartly, your application can still go through successfully.
“I made mistakes. But with the right lawyer and documents, my TM got accepted. Yours can too.”
If you’re stuck or need help, feel free to reach out or comment below. Sharing is caring 😄