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The trademark hearing will happen when there is a dispute or confusion in the trademark register application. The Muthirai trademark examiner will examine your registration application carefully. And you will be called for a trademark hearing when the examiner or any third party finds issues in the application.
The trademark show cause hearing will provide a great opportunity for both parties to explain their clarifications neatly to the judge during the hearing.
The process of a trademark hearing is as follows:
1. If the trademark examiner finds any issues in your application for trademark, you will be called for hearing. The examiner will also include the objection report along with it.
2. You can give the trademark objection response by providing all the legal documents that add value to your argument. You should also attach the evidence and other proofs that say your trademark is unique.
3. Sometimes, the examiner will be satisfied with the response given by the trademark applicant. In other cases, you might be called for a trademark hearing. The time and venue will be given to you to attend the hearing process. You must give the further explanation about your trademark directly in front of the trademark authority. You must never miss the day of hearing.
The final decision will be taken by the registry after hearing and analyzing all the proofs and documents given by you. If the issue is still on hold, you must attend the further hearings. And if the issue is resolved, you can proceed with the further trademark registration process.
Check whether you carry the below-mentioned documents along with you during the hearing process:
The trademark application, the trademark objection document sent by the authority, your trademark objection reply, evidence, licenses, or the assignment copy that can be shown as proof, the search report that proves your trademark is unique, any legal arguments, and a witness.
As a key takeaway, if you find any difficulties to face the trademark show cause hearing or if you want the legal assistance, then consulting the trademark lawyer is the wise option.
We all know that trademark registration is important to protect our brand namefrom being used by others in business.
By registering our company's trademark, we are protecting our brand identity, the efforts we put in to develop the brand, and many other niche things. But sometimes we will neglect to apply for registering the trademark as we do not know the registering procedures.
Read this article and get to know the 360 view of registering the trademark effortlessly.
Below are the Complete Details About the Online Trademark Registration:
1. Through the trademark registrationportal, it is possible to register any of the trademarks, including the company's name, logo designs, images, content, sound marks, videos, or graphics. We can apply for a trademark for any one of these things or even its combinations.
2. The head office for trademark registration is located in Mumbai. However, its branches are available in places including Ahmedabad, Chennai, Delhi, and Kolkata. The applicants can either directly visit the locations for registration or utilize the official online portal.
3. Here are a few steps involved in registering in the online portal. You need to login to the official account and fill in the necessary details that are asked for in the form TM-A. There are certain regulations that must be followed while logo registrationor images. The image must be in JPEG format. Adding to this, the size of the image must not exceed 2 MB.
4. Finally, it is necessary to pay the online trademark registration fee online through any of the payment modes. You will be receiving the application number as a sign of acknowledgement after the online registration process gets completed.
In case you find any difficulties in registering the trademark onlineor directly, you can contact the trademark registration consultants. They can help you with the process effortlessly.
The trademark, once registered, will be valuable for up to 10 years. Later, you must apply for trademark renewal. The application, after the submission, will be evaluated by the officer.
Thus, the brand registrationonline can be done easily by following these steps.The trademark examiner will review your application and either approve the trademark or provide a trademark objection. Trademark rejection is a serious issue where the application is totally rejected due to various reasons. However, on the other side, a trademark objection means your application is on hold. You need to rectify the mistakes and reapply for the trademark approval within the deadline. Or else, you can provide the objection reply.
You need to read the objection note carefully to identify the issue.
1. If the trademark objectionreason says that there is confusion in the trademark (it means that there may be an existing trademark with this name). Then you must verify whether it is true or not. If there is, then changing the trademark name is necessary. Or else, you must collect evidence by doing market research that your trademark is distinctive.
2. You need to prepare a proper response for the objection. For this, you need to check the trademark laws and collect the evidence. You can also get assistance from a trademark lawyerto prepare a trademark objection response. The attorney's professional guidance will provide you with a valuable objection response.
3. The objection response must have a summary of the objection, an argument and evidence, and also the conclusion. After preparing the objection letter draft, verify it and send it within the timeline mentioned. You can track the application status now and then.
Here are some reasons for trademark objection: The applicant might have used the incorrect form to file the trademark application, never filed from TM-48, inaccurate information in the application, the wrong category of products/services is chosen, and the and the trademark fails to have a specific distinguishing character.
The trademark attorneywill help in identifying the niche issue by analyzing the trademark objection report. They will also assist in filing the document and other legal procedures involved in submitting the objection response. If required, they will communicate with the officers in the Trademark Consultantto get the details that are required.
Hence, if you face any difficulties in giving the trademark objection reply, getting help from these professionals would be a great idea.