Trademark Objection Hearing / Opposition Hearing

Trademark hearing appearance by an experienced attorney before the Trademark Registrar.

4.3/5 Google Ratings

Experienced Attorney | 80% Success Rate | Smart Research

  ₹ 2999   ₹ 1999/-

(All inclusive professional fee)

NO HIDDEN CHARGES

What make us different?


- 80% Success Rate.

- Experienced Attorney.

- Expert Research of objection reply and related case laws and judgments.

- Strong Documentation & Evidence Delivery.


Get Free Consultation
Call: (+91) 9599798747

Get Started



How Does Trademark Objection Reply Works?



(Step 1)
Consultation

We study and consult you regarding the trademark hearing process.



(Step 2)
Research

We will research your objection/opposition statement and find out root cause.



(Step 3)
Evidence

We will collect and present evidence to support your trademark.



(Step 4)
Hearing Day Appearance

Our experienced trademark attorneys will present before trademark registrar to discuss and argue your case and will fight to get your trademark approval.


Trademark Registry Jurisdictions We Cover

Each state and union territory has been assigned to one of the five zones that comprise the regional jurisdiction for trademark applications and hearings:


  • Chennai

    Andhra Pradesh, Tamil Nadu, Telangana, Kerala, Karnataka, Lakshadweep Island, and the Union Territories of Pondicherry.

  • Mumbai

    The state of Madhya Pradesh, Maharashtra, Goa, and Chhattisgarh.

  • New Delhi

    Jammu and Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, and the Union Territories of Chandigarh and Uttarakhand.

  • Ahmedabad

    Rajasthan, Gujarat, Dadra, Diu, Daman, and Nagar Haveli.

  • Kolkata

    Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and the Union Territories of Andaman & Nicobar Islands and Nagaland are all included.

What is a Trademark Objection or Opposition Hearing?

1. Examination Hearing

  • Occurrence: Held when objections are raised by the trademark examiner during the examination stage, and the applicant's written response needs further clarification.
  • Purpose: To provide the applicant an opportunity to present oral arguments and evidence supporting the registration of the trademark.
  • Outcome: The examiner decides whether to accept the application for publication or refuse it based on the presented case.

2. Opposition Hearing

  • Occurrence: Conducted if an opposition is filed by a third party after the trademark application is published in the trademark journal.
  • Purpose: Allows both the opposing party and the applicant to present their cases, including evidence and arguments regarding the registrability of the trademark.
  • Outcome: The Registrar of Trademarks makes a determination on whether the trademark should be registered or if the opposition is valid.

3. Post-Registration Hearing

  • Occurrence: Takes place when issues arise post-registration, such as cancellation or rectification proceedings.
  • Purpose: To consider the arguments and evidence for why a registered trademark should be canceled or altered in the register.
  • Outcome: A decision is made by the Registrar based on the evidence and arguments provided.

Frequently Asked Questions (FAQ)


1. What is a trademark hearing?

A trademark hearing is a formal proceeding where parties involved in a trademark application or dispute present their arguments and evidence. It can occur at various stages, including examination, opposition, or post-registration.


2. When does a trademark hearing take place?

A trademark hearing can occur:

  • During the examination stage if the examiner raises objections.
  • After publication of the trademark if a third party opposes the registration.
  • Post-registration for matters like cancellation or rectification.

3. Who can attend a trademark hearing?

The applicant (or their representative), the opposing party (if applicable), and their respective legal representatives can attend. The Registrar of Trademarks or an appointed officer presides over the hearing.


4. What is the purpose of a trademark hearing?

The purpose is to resolve disputes or objections related to a trademark application. It allows parties to present their cases, including evidence and legal arguments, to support or oppose the registration of the trademark.


5. How can I prepare for a trademark hearing?
  • Gather Evidence: Collect all relevant documents, prior use evidence, and legal precedents.
  • Legal Representation: Consider hiring a trademark attorney to present your case.
  • Understand the Grounds: Be clear on the grounds of objection or opposition and prepare responses.

6. What happens if I miss the trademark hearing?

If you miss the hearing without prior notice, it may result in an adverse decision by default, such as refusal of the application or acceptance of the opposition.


7. How long does it take to get a decision after the hearing?

The decision timeline can vary depending on the complexity of the case and the jurisdiction. It may take several weeks to months after the hearing.


8. Can the decision from a trademark hearing be appealed?

Yes, decisions from a trademark hearing can often be appealed to a higher authority, such as an intellectual property appellate board or a court, depending on the jurisdiction.


9. What are the possible outcomes of a trademark hearing?

The outcomes can include:

  • Acceptance of the trademark application.
  • Rejection of the application.
  • Upholding the opposition.
  • Dismissal of the opposition.
  • Modifications or conditions imposed on the registration.

10. Is a trademark hearing mandatory?

Not always. If the objections are resolved through written submissions, a hearing may not be necessary. However, if the issues are contested or complex, a hearing is typically held.


Why Lawyer24x?


Best prices

Best prices to help you launch your business, register your trademark or drafting your business contracts.

No middlemen

Direct communication with experts. We have a team of dedicated Lawyers / CA

100% Digital

No more rushing around and wasting your time at Lawyer/CA offices.

Lawyer24x team operates 100% online, consult your business advisor at the comfort of your home.

What Our Clients say about us

Successfully registered 10000+
Brands & Logos

Recognitions