Trademark
Show Cause Hearing for Trademark
When your trademark faces cancellation or your application is at risk of refusal, the Registrar issues a show cause notice. We prepare your case and represent you at the hearing.
What Is a Show Cause Hearing?
A show cause hearing is a formal proceeding in which the Trade Marks Registrar (or, in some cases, the High Court) issues a notice requiring you to appear and explain why a particular action — such as the cancellation or removal of your trademark, or the refusal of your application — should not be taken against you.
It is your opportunity to be heard before an adverse order is passed. Failing to respond or appear results in an ex parte order — typically the action the authority was proposing to take — going through unchallenged. Acting promptly and with strong legal representation is critical.
When Is a Show Cause Notice Issued?
Non-use of registered trademark
If a third party files a petition for removal of your mark from the Register on grounds that it has not been genuinely used in commerce for an uninterrupted period of five years, the Registrar issues a show cause notice to you.
Rectification petitions
A third party may seek rectification of the Register on the ground that your mark was wrongly entered, was registered in bad faith, or no longer meets the requirements for registration. You must show cause against removal.
Cancellation after opposition
During opposition proceedings, if the Registrar finds the application should not have been accepted, a notice may be issued to the applicant to show cause why the application should not be abandoned.
Post-registration examination
In rare cases, the Registrar may conduct a post-registration examination and issue a show cause notice if the mark is found to violate provisions of the Trade Marks Act that were not identified at the time of registration.
Section 57 rectification
A registered mark may be challenged under Section 57 of the Trade Marks Act on absolute grounds. The Registrar issues notice to the proprietor to respond before deciding on the petition.
Court-ordered show cause
A High Court may direct the Registrar to issue a show cause notice when hearing a related matter — for example, an infringement suit where the defendant challenges the validity of the plaintiff's registration.
How We Prepare and Represent You
01
Notice analysis
We review the show cause notice, identify the grounds cited by the Registrar or petitioner, and assess the legal basis and strength of the challenge against your mark.
02
Evidence of use (if non-use is alleged)
If the notice is issued on grounds of non-use, we help you compile evidence of genuine commercial use — invoices, purchase orders, advertisements, packaging samples, and any other proof of use over the relevant period.
03
Written reply
We file a detailed written response before the hearing date, addressing each ground raised in the notice with legal arguments and supporting evidence. A strong written reply often pre-empts the need for extensive oral submissions.
04
Hearing representation
Our advocate appears before the Registrar or High Court on the date of hearing, presents oral arguments, and responds to any questions. You do not need to attend personally.
05
Post-hearing follow-up
We monitor the order and advise on the next steps — whether the hearing concludes in your favour, requires further submissions, or results in an adverse order that needs to be appealed.
Possible Outcomes of a Show Cause Hearing
Notice discharged
The Registrar is satisfied with your response and takes no adverse action. Your trademark remains on the Register without change.
Conditional order
The Registrar issues an order subject to conditions — for example, a limitation on the specification of goods, or a disclaimer. We advise on whether to accept or contest.
Adverse order
The mark is removed or cancelled. You may appeal to the High Court within 90 days. We advise on the merits of an appeal and can file on your behalf.
What's Included
Filed within 24 hours
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Notice Analysis
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Defence Preparation
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Written Submissions
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Registrar Representation
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Consultation with a TM Expert
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