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TRADEMARK SHOW CAUSE HEARING PROCEDURE

Hello friends, today we will discuss the current procedure adopted for attending a virtual / online hearing with respect to the trademark under objection. We have already covered different stages through which a mark goes after the same is filed, hence it is not repeated in this blog.

Once a trademark is filed, it goes through examination and in case it is objected by way of an examination report, the applicant can file a detailed reply. After this stage, in case the registry is satisfied with the reply, the mark is accepted otherwise the same is listed for show cause hearing, which can be checked through the online status of the mark by typing trademark status on google and then entering the application number on the site. 

The steps involved in the online hearing are as under: -

When the status of the trademark shows READY FOR SHOW CAUSE HEARING, the applicant or his attorney can check the date of hearing from the trademark site by going on the TLA HEARING BOARD through HEARING BOARD subheading available on the official site of trademark as shown in the picture below 


From there you can download the TLA Virtual Hearing Board pdf file as per your state.

Then after becoming aware of the date of hearing, the applicant can get the link of the hearing in the following manner :-

a.   Go to the official site of trademark. Trade Marks | Intellectual Property India 

b.  Then click current news on the bottom of page.

c.   After that click on the link Public Notice regarding the "Cause List".

d.  From there just type your application number in the search button and then you will get your link for hearing.

e.   Upon clicking on the same, you will be directed to the meeting room. Please note before clicking on the same just ensure that you have already downloaded the software ‘CISCO WEBEX’

 PREREQUISITES FOR HEARING

A.   Before starting your hearing, please ensure to go through the examiner's report and your corresponding reply very carefully.

B.  Thereafter, see if the objection is under Sec 11, what all are the marks which are being compared with your mark.

C.   Then make a list of all those marks along their application numbers.

D.  During the hearing, kindly quote each of the application number so that it would be clear to the examiner as to which mark id is to be seen.

E.   After that you may explain as to why your mark be registered in light of the other existing marks.

F.   In case the examiner is satisfied with your response, your mark will be updated as accepted in the status column on the same day of hearing.

I hope the above information will be helpful to all the readers. For any query, kindly feel free to write in the comment section.

 

Comments

  1. Kailash Madan26 January 2023 at 01:23

    Stepwise guidance for the virtual hearing is very helpful

    ReplyDelete

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