Overview - Show Cause Hearing of Trademark
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Trademark Showcause Hearing or TLA Hearing
Showcause Hearing or TLA Hearing of Trademark refers to hearing before the Registrar of Trademarks in connection with the objections raised by the Registrar under examination report issued on the application for Trademark Registration. The hearing at the registry can be attended in person by the applicant or through trademark agent or trademark attorney.
Examination of Trademark Application
On filing the Trademark Application, the registrar shall formally examine the application to identify the inherent registrability of Trademark as per Act Rules and the similarity with existing marks already registered or applications filed. Thereafter the Registrar shall take decision whether to accept the application for advertisement as per Trademark Act / Rules. If the registrar is satisfied with the requirements and distinctiveness, the trademark shall be accepted and advertised.
Examination Report & Reply to Trademark Examination Report
If the Registrar is not satisfied with the distinctiveness of Trademark, an official examination report will be issued with reasons for Objections.
If the Registrar raises any objections through examination report, the applicant has to furnish a written response and evidences of acquired distinctiveness with in 30 days of Examination Report. After submission of Reply to Trademark Examination Report, the registrar shall examine the reply and supporting evidences.
Trademark Registration being judicial process, the Registrar has the discretionary power to call for a personal hearing on the matter. accept or reject the submissions. If the Reply to Trademark Examination Report is not accepted, reply filed, the trademark status will get changed to “Ready for show cause hearing” and in few months hearing notice will be issued inside which the date and time of the hearing will be mentioned. The name of the concerned hearing officer will be mentioned on the same day of the trademark hearing. It is important to track your trademark status online in order prevent your brand name getting abandoned.
Showcase Hearing or TLA (The Letter of Acceptance) Hearing
Trademark Registration being a judicial process, the acceptance of reply to Trademark Examination Report is up to the discretion of the Registrar.
If the registrar is not satisfied with the reply filed for Trademark Examination Report, a personal hearing will be ordered for appearance before the Registrar for further submissions. If the registrar orders for a personal hearing, the status of Trademark application will be changed to “Ready for show cause Hearing”.
The Registrar may also insist the applicant to file an affidavit testifying the exhibits and evidences to establish the usage of Trademark.
Up on completion of hearing, if the registrar decide the trade mark application is allowable, a Letter of Acceptance (TLA order) will be issued and the trademark will be advertised in the Trade Marks Journal.
Trademark Registration Certificate
Any person can oppose the trademark registration within 4 months of advertisement in the Trade Marks Journal. If there are no oppositions within 4 months of advertisement in the Trade Marks Journal, the Registrar shall issue the trademark registration certificate.
Validity of Trademark Registration
The trademark registration Certificate is valid for 10 Years from the date of application. The trademark registration is required to be renewed every10 years thereafter.
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Trademark Show Cause Hearing - Requirements
Notice of Hearing
The Registrar of Trademark serves a Notice of hearing to the registered agent through Email with hearing schedule
Date and Time of Hearing
Date/Time/Place of hearing will be stated in the notice of hearing
Attending the Hearing with Requited details
The hearing has to be attended on the scheduled date and time with required particulars to establish the case
Extension of Hearing
In case the party / agent is unable to attend the hearing, an extension for hearing can be applied before the date hearing and the hearing will accordingly be adjourned to a next date.
Showcause Hearing / TLA Hearing of Trademark
Documents Required For Trademark Hearing
Following are the documents for the trademark hearing:
- Trademark Application Number
- Copy of Trademark Application (TM-A)
- Copy of Examination Report
- Copy of Reply to Examination Report
- TLA Hearing Notice
- Power of Attorney executed in favour of Trademark Agent
- Affidavit of Trademark Usage, if any.
- Summary Note for Appearance
- Case references for Submissions
- Proof of Business and Supporting documents