Let us discuss today in detail about what is Trademark hearing, what to do when we get the hearing notice and
is it the final nail in the coffin.
Before proceeding with this article, you may refer Trademark registration process here.
So that you are able to understand this article better.
A lot of people feel that once they have filed for Trademark objection reply, the further process is now complete, but this is seldom a case. In case examiner is not satisfied with your trademark objection reply, he may call upon a clarification which is known as hearing.
Generally, Examiner issue hearing notice to the applicant at the address of service mentioned in your trademark application.
In case the address of service is that of your attorney on record, do take a follow up over the same.
As Trademark hearing may be assumed to final step towards the process of trademark registration, it is important you don’t miss it.
In case there is a hearing notice issued, download it and mark the date, a regular trademark status may help you keep a track of your application.
So once you are aware of your hearing date, now be prepared for your hearing reply.
Generally, your hearing happens majorly over the objections already stated in your Trademark examination report and the reply you subsequently
submitted in response to the Trademark examination report.
Let us now understand what all you need to attend a Hearing Reply:
Authorization Letter : A hearing may be attended by your attorney or any person the applicant authorizes.
Affidavit of Usage : In most of the trademark objections, the applicant submits and emphasize over the usage of the trademark applied. In this case you need to prepare a proper affidavit, listing the details about your brand name usage.
TM-16 documents if applicable: In case you have had any objection related to TM-16 in your Trademark objection report,
may be like change in applicant name, address, description etc. It is advisable to carry all relevant documents with respect to TM-16.
Submissions: You need not to carry your submissions or argument against the objections in writing but it is always advisable
to keep a note of all your important notes, including examples and caselaws handy for your quick reference.
What if I am unable to attend the hearing ?
You may request for hearing adjournment and next hearing date in case you are unable to attend the hearing at the scheduled date.