Non-appearance at hearing: If you or your authorised agent fail to appear at a scheduled trademark hearing, the Registrar may pass an ex-parte order — typically refusing the application. Always ensure representation at every scheduled hearing.
What is a Trademark Hearing?
A trademark hearing is a formal proceeding before the Registrar of Trade Marks or a delegated officer at the Trade Marks Registry. Hearings arise at different stages of the trademark registration process — most commonly when a written objection reply is not accepted by the Examiner, or when an opposition matter requires adjudication.
The hearing is an oral proceeding where the applicant or their authorised agent presents arguments in support of the trademark application. The Registrar may ask questions, call for additional evidence, or issue an order at the conclusion of the hearing. Skilled representation at hearings is critical — the arguments presented and evidence filed can determine whether the trademark is accepted or refused.
Types of Trademark Hearings
Scheduled when the Examiner is not satisfied with the written objection reply. The applicant must appear and show cause why the mark should be accepted for registration.
Held after both parties have filed their evidence in an opposition proceeding. Both the opponent and the applicant are heard before the Registrar passes an order.
Held in proceedings for removal or cancellation of a trademark from the register under Section 57 of the Trade Marks Act, 1999.
Held when an application is made to restore a trademark that has been removed from the register due to non-renewal after the prescribed period.
Five Trade Marks Offices — We Appear at All
India has five Trade Marks Offices. The office where your application is filed depends on the applicant's principal place of business or domicile. We represent clients before all five offices.
Maharashtra, Madhya Pradesh, Goa and Union Territories of Daman, Diu, Dadra and Nagar Haveli.
Delhi, Jammu and Kashmir, Punjab, Haryana, Himachal Pradesh, Uttar Pradesh, Uttarakhand and Rajasthan.
West Bengal, Sikkim, Assam, Meghalaya, Arunachal Pradesh, Manipur, Tripura, Mizoram, Nagaland, Odisha and Bihar.
Tamil Nadu, Andhra Pradesh, Telangana, Kerala, Karnataka and Union Territories of Pondicherry and Lakshadweep.
Gujarat, Rajasthan (for applicants based in Rajasthan — Jaipur falls under Delhi TM Office jurisdiction).
Virtual hearings are now available at all offices. We appear online on your behalf — reducing travel cost and time for outstation clients.
Our Hearing Preparation Process
Case Review
We review the complete file — application, objection, reply, and hearing notice
Evidence Compilation
We gather and organise evidence — use, distinctiveness, coexistence records
Argument Preparation
Legal arguments drafted, case law identified and submissions structured
Appearance
Adv. Nikhil Soni or authorised agent appears at the Registry on the hearing date
Submissions
Written submissions filed on record to supplement oral arguments
Order & Follow-up
Order received — we advise on next steps including appeal if required
What We Need from You
Frequently Asked Questions
What is a trademark hearing in India?
A trademark hearing is a formal proceeding before the Registrar of Trade Marks where the applicant or their authorised agent presents oral arguments on a disputed trademark matter — such as an objection, opposition, rectification or restoration. The Registrar hears the arguments and evidence, then passes an order.
Where are trademark hearings held in India?
Trademark hearings are held before the five Trade Marks Offices located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. The office depends on where the trademark application was originally filed. Online hearings are now also available at all offices, which we can attend on your behalf without requiring you to travel.
What happens if I do not attend a trademark hearing?
If the applicant or their authorised agent fails to appear at a scheduled hearing, the Registrar may decide the matter ex-parte — meaning the order is passed based only on the written record, without hearing your side. This almost always results in refusal of the application. Always ensure proper legal representation at every hearing.
Can a trademark hearing be adjourned?
Adjournment of trademark hearings is possible on valid grounds — such as illness, unforeseen circumstances or procedural reasons. However, adjournments are at the discretion of the Registrar and are becoming increasingly limited. We advise applying for adjournment as early as possible and in writing, with valid reasons.
What is a show cause hearing for trademark?
A show cause hearing is specifically called when the Examiner is not satisfied with the written objection reply filed by the applicant. The applicant must appear before the Registrar and show cause — meaning present oral arguments and additional evidence — explaining why the trademark should be accepted for registration despite the Examiner's concerns.
Official Resource: For official information, visit the Trade Marks Registry, IP India — the authoritative government source for IP matters in India.