Trademark Status- Ready for Show Cause Hearing

Trademark Status- Ready for Show Cause Hearing. In India, the Trademark Hearing, also known as the Ready for Show Cause Hearing, is the final stage for the acceptance or refusal of a trademark application. Generally, the applicant or applicant's attorney is notified of the trademark hearing date via mail to the applicant's or attorney’s e-mail address. However, it is always advisable to check the trademark hearing status regularly to avoid missing the actual date of hearing.

Once the alert of Trademark status, i.e., Ready for show cause hearing, it indicates that the trademark hearing date will be updated soon; however, this status does not indicate that the trademark hearing date has been issued. Trademark hearing notice in the new trademark status format is updated in the Notice and Correspondence Section as Trademark hearing Notice. Anyone with the Trademark application number can look up the current status of their trademark. Read our article on Stages of Trademark Status to learn more on the complete lifecycle of Trademark Registration.
Documents for Trademark Hearing?

Trademark Application (TM-A)

Power of Attorney- Duly executed

User Affidavit- Recommended

Invoices/ Bills to show business continuation

Social Media Presence with the logo/ brand name

CA Certificate for Turnover with UDIN

Marketing Material for the Brand

Authorization Letter (Other than POA)

Summary Note for Appearance (advised)

Products pictures, packaging, advertising items

Online Listing if any including articles/ PR/ Media

Proof of Business & Supporting documents

Trademark Hearing Process
Once the Trademark hearing date is set, it is important not to miss the Trademark hearing, as this may result in the abandoned of the Trademark Application filed without considering the merits of the Trademark application. If you are not able to attend the hearing, it is always recommended to request for Postponement of Hearing in advance by filing TM-M at least 2 days in advance.
Fees for hearings on trademarks
There is no Government fee for a Trademark hearing; only professional fees is charged by the IP Attorney based on their experience who attends the Trademark hearing at the designated Trademark Registry. For your information, now all trademark hearings are conducted online. However, if a Trademark adjournment is requested, a form TM-M is filed with a fee of Rs 900/-. The same form is also used if a request for a change, correction, or amendment to a trademark application is made.
What will be the outcome if show cause hearing is not attended?
If you or your representative fails to appear at a trademark hearing on the scheduled date, the TM Application will be marked as Abandoned. What it essentially means is that now you can not use the letter TM against your brand name or logo. However, you have not been prohibited to file a fresh application, should you desire so. Trademark Abandoned Status means that you have shown inability to pursue your case with the Trademark Registry for now. However, in many cases; if you fail to appear; Trademark Registry gives 1-2 more notice of hearing.
Adjournment of trademark hearing
You can request an adjournment in a show cause hearing, just like any other judicial process, by submitting a TM-M form in advance. However, the window for requesting an adjournment is open until two days before the hearing date. In some exceptional cases, it has been seen that the Trademark Hearing Officer may also grant Adjournment to on the Hearing Date itself; however it is recommended to file TM-M immediately on the same date of the hearing.
Jurisdiction of trademark hearing
Virtual modes of hearing have been made available since 2020, and all Trademark Hearings in India are now conducted online. However, for the purpose of filing Trademark Applications, all States and Union Territories have been divided into five Regional Jurisdictions. They are as follows:

Mumbai: The States of Maharashtra, Goa, Madhya Pradesh, and Chhattisgarh.

Ahmedabad: The States of Rajasthan and Gujarat along with Union Territory of Dadra, Diu, Daman, and Nagar Haveli.

Kolkata: The States of Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and Union Territories of Andaman & Nicobar Islands and Nagaland.

New Delhi: The States of Jammu & Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, Union Territories of Chandigarh, and Uttarakhand.

Chennai: The state of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island.

What happens after the trademark hearing?
The Hearing Officer issues an order following the conclusion or contention of the trademark applicant/ attorney. The following are possible orders:

Hearing Officer may accept your application and the status will get changed to Accepted.

If the arguments and submission do not satisfy the Hearing Officer, the status of the application will get changed to Refused.

The Hearing Officer may order applicant to file a TM-M form and correct some errors in the application (if any).

What is the purpose of a Show Cause Hearing Notice?
When a trademark application is filed, the Examiner reviews all of the application's details. They issue an examination report if they discover any relevant grounds for refusal. Following that, the applicant must file a response to this examination report (MIS-R) within one month of the notice's issuance.
When the trademark registry does not find the response to the examination report satisfactory, they usually issue a show cause hearing notice. As a result, the Hearing is the last chance to persuade the Registry to waive off their objections.
After you respond to the objection raised in the Examination Report Issued, the Registrar reviews your response and, if they believe it is necessary to hear the applicant/attorney before passing an order, they issue a Notice of Hearing.
What causes an 'Objection' in a Trademark Application?
The registry raises an objection whenever a trademark application falls into one of the following categories:

The mark is so similar to an already existing trademark that it may cause confusion.

The mark applied for contains terms that are descriptive of your business/services.

The mark is generic and non-distinctive, i.e., a common term. (For instance, a book, music, or wood)

It is a "prohibited term."

The mark is obscene.

The mark may offend a community's religious sentiments/beliefs, or there was an error in applying, such as incorrect class details or a lack of any required documentation.

Final thoughts on trademark hearing for objection?

After filing a response to the examination report, if the Trademark Registry is satisfied, they will accept your application and the mark is advertised in the Trademarks Journal. However, if the examiner is not satisfied, he must have a valid reason for doing so.

The applicant is further provided with the last opportunity with the status as Ready for Show Cause Hearing. The examiner further schedules a hearing for the applicant to submit his contention in person physically or by virtual mode directly by himself or through a TM Attorney/ Agent.

If the Hearing officer is not convinced with your submission, the Trademark Registry may decide to refuse the mark. A qualified TM Attorney/ Agent can handle this situation cautiously.

How Compliance Calendar can assist you in Trademark Hearing
To support the application acceptance arguments, appropriate documents and case laws must be presented during the hearing. At Compliance Calendar LLP, we can guide you end-to-end in the entire Trademark Registration Procedure and our attorneys can attend the hearing for you to maximise the chances of trademark registration. For further discussion on this please contact us and someone from our IP Team shall get in touch with you to discuss your case. Feel free to connect with us at 9988424211 or email us to info@ccoffice.in

In India, the Trademark Hearing, also known as the Ready for Show Cause Hearing, is the final stage for the acceptance or refusal of a trademark application. Generally, the applicant or applicant's attorney is notified of the trademark hearing date via mail to the applicant's or attorney’s e-mail address. However, it is always advisable to check the trademark hearing status regularly to avoid missing the actual date of hearing.

Once the alert of Trademark status, i.e., Ready for show cause hearing, it indicates that the trademark hearing date will be updated soon; however, this status does not indicate that the trademark hearing date has been issued. Trademark hearing notice in the new trademark status format is updated in the Notice and Correspondence Section as Trademark hearing Notice. Anyone with the Trademark application number can look up the current status of their trademark. Read our article on Stages of Trademark Status to learn more on the complete lifecycle of Trademark Registration.

Documents for Trademark Hearing?

Trademark Application (TM-A)
Power of Attorney- Duly executed
User Affidavit- Recommended
Invoices/ Bills to show business continuation

Social Media Presence with the logo/ brand name
CA Certificate for Turnover with UDIN
Marketing Material for the Brand
Authorization Letter (Other than POA)
Summary Note for Appearance (advised)
Products pictures, packaging, advertising items
Online Listing if any including articles/ PR/ Media
Proof of Business & Supporting documents

Trademark Hearing Process

Once the Trademark hearing date is set, it is important not to miss the Trademark hearing, as this may result in the abandoned of the Trademark Application filed without considering the merits of the Trademark application. If you are not able to attend the hearing, it is always recommended to request for Postponement of Hearing in advance by filing TM-M at least 2 days in advance.

Fees for hearings on trademarks

There is no Government fee for a Trademark hearing; only professional fees is charged by the IP Attorney based on their experience who attends the Trademark hearing at the designated Trademark Registry. For your information, now all trademark hearings are conducted online. However, if a Trademark adjournment is requested, a form TM-M is filed with a fee of Rs 900/-. The same form is also used if a request for a change, correction, or amendment to a trademark application is made.

What will be the outcome if show cause hearing is not attended?

If you or your representative fails to appear at a trademark hearing on the scheduled date, the TM Application will be marked as Abandoned. What it essentially means is that now you can not use the letter TM against your brand name or logo. However, you have not been prohibited to file a fresh application, should you desire so. Trademark Abandoned Status means that you have shown inability to pursue your case with the Trademark Registry for now. However, in many cases; if you fail to appear; Trademark Registry gives 1-2 more notice of hearing.

Adjournment of trademark hearing

You can request an adjournment in a show cause hearing, just like any other judicial process, by submitting a TM-M form in advance. However, the window for requesting an adjournment is open until two days before the hearing date. In some exceptional cases, it has been seen that the Trademark Hearing Officer may also grant Adjournment to on the Hearing Date itself; however it is recommended to file TM-M immediately on the same date of the hearing.

Jurisdiction of trademark hearing

Virtual modes of hearing have been made available since 2020, and all Trademark Hearings in India are now conducted online. However, for the purpose of filing Trademark Applications, all States and Union Territories have been divided into five Regional Jurisdictions. They are as follows:

Mumbai: The States of Maharashtra, Goa, Madhya Pradesh, and Chhattisgarh.
Ahmedabad: The States of Rajasthan and Gujarat along with Union Territory of Dadra, Diu, Daman, and Nagar Haveli.
Kolkata: The States of Assam, Bihar, Arunachal Pradesh, Manipur, Orissa, West Bengal, Mizoram, Sikkim, Meghalaya, Tripura, Jharkhand, and Union Territories of Andaman & Nicobar Islands and Nagaland.
New Delhi: The States of Jammu & Kashmir, Haryana, Punjab, Uttar Pradesh, Delhi, Himachal Pradesh, Union Territories of Chandigarh, and Uttarakhand.
Chennai: The state of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island.

What happens after the trademark hearing?

The Hearing Officer issues an order following the conclusion or contention of the trademark applicant/ attorney. The following are possible orders:

Hearing Officer may accept your application and the status will get changed to Accepted.
If the arguments and submission do not satisfy the Hearing Officer, the status of the application will get changed to Refused.
The Hearing Officer may order applicant to file a TM-M form and correct some errors in the application (if any).

What is the purpose of a Show Cause Hearing Notice?

When a trademark application is filed, the Examiner reviews all of the application's details. They issue an examination report if they discover any relevant grounds for refusal. Following that, the applicant must file a response to this examination report (MIS-R) within one month of the notice's issuance.

When the trademark registry does not find the response to the examination report satisfactory, they usually issue a show cause hearing notice. As a result, the Hearing is the last chance to persuade the Registry to waive off their objections.

After you respond to the objection raised in the Examination Report Issued, the Registrar reviews your response and, if they believe it is necessary to hear the applicant/attorney before passing an order, they issue a Notice of Hearing.

What causes an 'Objection' in a Trademark Application?

The registry raises an objection whenever a trademark application falls into one of the following categories:

The mark is so similar to an already existing trademark that it may cause confusion.
The mark applied for contains terms that are descriptive of your business/services.
The mark is generic and non-distinctive, i.e., a common term. (For instance, a book, music, or wood)
It is a "prohibited term."
The mark is obscene.
The mark may offend a community's religious sentiments/beliefs, or there was an error in applying, such as incorrect class details or a lack of any required documentation.

Final thoughts on trademark hearing for objection?

After filing a response to the examination report, if the Trademark Registry is satisfied, they will accept your application and the mark is advertised in the Trademarks Journal. However, if the examiner is not satisfied, he must have a valid reason for doing so.

The applicant is further provided with the last opportunity with the status as Ready for Show Cause Hearing. The examiner further schedules a hearing for the applicant to submit his contention in person physically or by virtual mode directly by himself or through a TM Attorney/ Agent.

If the Hearing officer is not convinced with your submission, the Trademark Registry may decide to refuse the mark. A qualified TM Attorney/ Agent can handle this situation cautiously.

How Compliance Calendar can assist you in Trademark Hearing

To support the application acceptance arguments, appropriate documents and case laws must be presented during the hearing. At Compliance Calendar LLP, we can guide you end-to-end in the entire Trademark Registration Procedure and our attorneys can attend the hearing for you to maximise the chances of trademark registration. For further discussion on this please contact us and someone from our IP Team shall get in touch with you to discuss your case. Feel free to connect with us at 9988424211 or email us to info@ccoffice.in