Trademark Hearing in India – Everything You Need to Know
A Trademark Hearing is a formal proceeding before the Registrar of Trademarks where applicants and opponents present arguments, clarifications and evidence — typically held during examination objections or opposition proceedings.
What is a Trademark Hearing?
A Trademark Hearing is a formal proceeding before the Registrar of Trademarks to clarify objections, respond to oppositions, and present arguments and evidence. It is a critical stage where the applicant can personally (or via representative) persuade the Registrar to allow registration.
Why is it Conducted?
- When the Registrar seeks clarification on objections under Section 9 or 11.
- To resolve conflicting marks or oppositions after publication.
- To verify distinctiveness, usage, or ownership concerns.
- To address incomplete or contradictory filings.
Types of Trademark Hearings
Ex-Parte Hearing (Objection)
Held when the Registrar raises objections under Section 9 or 11; applicant must defend distinctiveness and legality.
Opposition Hearing
Both applicant and opponent present arguments after opposition is filed post-publication.
Show-Cause Hearing
Called when Registrar issues show-cause for non-compliance, delays or procedural defaults.
Documents Required for a Trademark Hearing
Prepare these documents ahead of the hearing
Hearing Notice
The official hearing notice from the Trademark Registry (contains date/time/venue).
Power of Attorney (TM-48)
If represented by an agent/attorney, a valid POA is required.
Application Details
Trademark application number, class and applicant name/details.
Reply/Arguments
Copies of replies to examination report or opposition counter-statements.
Supporting Evidence
Invoices, marketing materials, website screenshots, ads, packaging showing use.
ID Proof
Identity proof of the authorised representative attending the hearing.
Written Synopsis
A short written submission or synopsis of arguments to assist the Registrar.
Trademark Hearing Process in India
Step-by-step overview of the hearing workflow
Issuance of Hearing Notice
Registry issues date/time/venue (online or physical) via email or portal.
Preparation
Gather evidence, prepare synopsis and instruct the authorised representative.
Attend Hearing
Present oral submissions before the Registrar (or via Webex).
File Written Arguments
Submit written submissions within the timeframe specified, if allowed.
Registrar Decision
Registrar may accept, refuse or adjourn and issue orders after review.
Government Rules & Legal Provisions
| Relevant Sections | Section 18(4), Section 21 of Trade Marks Act, 1999 |
| Trademark Rules | Rules 33, 38, 45, 46 of Trade Marks Rules, 2017 |
| Authority | Registrar of Trademarks |
| Mode | Physical or Online (Webex) |
Best Practices & What Happens After Hearing
Best Practices
- Prepare evidence and a concise synopsis of arguments in advance.
- Include invoices, ads, website screenshots and affidavits of use.
- Engage an experienced trademark attorney or company secretary to represent you.
- Attend punctually and follow up with written submissions if allowed.
After the Hearing
- Registrar may accept the application — proceeds to advertisement/registration.
- Registrar may refuse — applicant can file review petition (TM-M) or appeal.
- Registrar may adjourn — additional documents or another hearing date issued.
Frequently Asked Questions (FAQs)
To allow the applicant to defend the trademark and provide clarifications on objections or oppositions before the Registrar.
Hearings are usually conducted online via Webex, but may also be physical at the Registry office.
Non-appearance can lead to abandonment of the application unless the Registrar allows revival for good cause.
Yes — you can request adjournment by filing Form TM-M with valid reasons before the hearing date.
The applicant, their Company Secretary, Trademark Attorney, or an authorised representative with valid POA can attend.
Typically the Registrar issues a decision within 30–90 days after the hearing, depending on complexity.
Need Representation for a Trademark Hearing?
Our trademark specialists prepare submissions, collate evidence and represent you at hearings (online or physical) — ensuring your case is presented effectively.
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