Trademark Show Cause Hearing
Once the application made for registration of the trademark is examined and any objection to the acceptance of the application for registration is found, the examination report with objection(s) is sent to the applicant/applicant’s authorized agent. The examination report is also put up on the Ipindia official website along with application details of the relevant application. The applicant or his authorized agent submits a response to office objections. The response is duly considered, if objections can be waived on the basis of the applicant’s response and the application is accepted for registration the same is published in the trademark journal. If no opposition to the published application is received or if received, the same is disposed of in favor of the applicant, the application is moved for registration.
Sometimes after submitting the examination response, the trademark status of the application is changed to ‘Ready for Show Cause Hearing.’
Why my Trademark Application Status is showing ‘READY FOR SHOW CAUSE HEARING’?
In case the office’s objections to the acceptance of the application for registration cannot be waived even after considering the applicant’s response to his trademark application examination report, the matter is set down for trademark hearing.
This hearing commonly known as show cause hearing is scheduled and conducted at the appropriate office of the Trade Marks Registry. A hearing notice is sent to the applicant/agent/attorney concerned, intimating him about the application No & date of hearing. The hearing notice is usually sent approximately 15 days before the date of the hearing.
Trademark show cause hearing is just an appearance before the Registrar of Trademark. The applicant or his agent on behalf of him can attend the hearing.
The Solution:
The applicant or his agent has to appear before the Concerned Officer designated for their hearing and has to submit requisite documents and evidence. The applicant has to show the concerned officer documents like Power of Attorney, Letter of Authorization, proof of business, similar case laws where the marks with similar objections were accepted for registration, and any other proof pertaining to the distinctiveness or usage, or popularity of the mark. The applicant or his trademark agent has to convince the designated officer to acceptance of their mark and how their mark follows all the provisions of the Trademarks Act, 1999 and deserves to get registered.
The hearing officer may give his decision or adjourn the hearing and ask the applicant or his agent to submit necessary documents on a specific date. The trademark hearing can only be adjourned 2-3 times, based on the reasons. For the next appearance after adjournment, the officer can set a date, or the applicant or his agent can file an application to the Registry of Trademarks for the next hearing.
If the hearing officer is convinced by the applicant or his agent’s arguments, he may choose to inform the applicant or agent of the outcome of the hearing on the spot. This means after hearing the arguments, the hearing officer may Accept the mark for registration and send it for publication in the Trademarks Journal or refuse or abandon the mark in case he is not satisfied or adjourn the hearing.
A communication notice shall be sent to the applicant or his agent, in respect of all types of orders passed by the Hearing Officer. The said letter shall be sent to the applicant/applicant’s authorized agent concerned, latest within one week of the order.
The applicant or applicant’s authorized agent is expected to abide by the order of the Hearing Officer. In case he is aggrieved he may file an appeal before the IPAB or review, as per relevant provisions of the Trade Marks Act & Rules
Adjournment of Hearing
If the applicant or his authorized agent is not prepared or is unable to appear for the hearing and files an application for adjournment of the hearing using the appropriate application format, the hearing officer may allow the request for adjournment and then a next date will be fixed for the hearing. However, no adjournment will be given on frivolous grounds. Hearings may also be adjourned and may be fixed on another date due to administrative reasons. In all adjournments of hearing, a fresh hearing notice fixing hearing on another date shall be issued to the Applicant /agent /attorney concerned.
How can Intepat help you deal with this?
Usually, it is best if the mark gets advertised in the Trademarks Journal after filing a response to the examination report. But in case the examiner is not satisfied the examiner must be having a valid reason to do that and then it becomes imperative to argue with him regarding the usage and popularity and why the mark deserves to get registered. This can be done successfully by a qualified attorney itself. There might be a possibility that the examiner has scheduled a hearing for the applicant to argue in his favor wherein the examiner himself may want to refuse the mark. Appropriate documents and case laws supporting the arguments also need to be carried out while hearing to support the application acceptance arguments. At Intepat, we can help you guide you through the entire complex hearing process and our attorneys can attend the hearing for the successful grant of registration to your Trademark. For further discussion on this please contact us.
