Trademark Hearing in India: How to Prepare, Attend and Win Before the Registrar
A trademark hearing is a sitting before the Registrar, in person or over video, where you argue
why the objections in your examination report should not stop your mark. It is the last point at
which you can persuade the Registry before it passes an order. The applicants who do well arrive
with a written note of arguments, dated evidence in a clean bundle,
and someone authorised on record to speak.
Authorising Agent via
Form TM-48
Fee for Attending
No Government Fee
Usual Notice Period
About 15 Days
Key takeaways
A hearing follows an unsatisfactory reply to the examination report, or the evidence stage of an opposition.
Notices usually arrive about two weeks before the date, so keep your registered email and address current.
Evidence of use, certified turnover and advertising records can turn a Section 9 objection around.
You can appear yourself, send an authorised person, or appoint a registered attorney or agent with a power of attorney.
No government fee is charged for attending. An adjournment request on Form TM-M does carry a fee.
When a trademark hearing happens
Two situations lead to a hearing.
Show cause hearing
After you reply to the examination report, the Registrar reads your answer. If the objections
under Section 9 or Section 11 are not resolved, or you asked for a hearing, the file is listed
for one. The legal basis sits in Rule 33 of the Trade Marks Rules, 2017. Our guide on replying
to a trademark objection explains the reply that comes before it.
Opposition hearing
When a third party opposes your published mark, both sides exchange pleadings and evidence, and
the Registrar then hears both. That path is covered in our page on trademark opposition.
The purpose differs.
In a show cause hearing you answer the Registry. In an opposition hearing you answer a
competitor, with the Registrar as referee.
Reading your trademark hearing notice
The hearing notice is a short document, and every line matters. Find these items before you do
anything else:
Application number and class, so you know which file is being heard.
Date and time. Hearings are listed in slots.
Mode. The notice says whether you attend in person or by video conference.
The grounds. Some notices restate the Section 9 or Section 11 objection. Prepare for those and no others.
The Registry office hearing the matter, which decides where you appear if the mode is physical.
Published practice puts the gap between notice and hearing at around 15 days, but do not plan
around that figure. Treat the date on your notice as the fixed point and start preparing the day
it arrives.
The trademark hearing process in India, step by step
From the notice to the order, in the sequence you will follow.
1
Receive the notice
Get it by email or from the portal, and download it.
2
Check the power of attorney
If an attorney or agent is acting, Form TM-48 must already be on record.
3
Re-read your reply and the examination report
Read them side by side. The Registrar will have both open.
4
Gather evidence for each ground
See the evidence table below.
5
Write a short note of arguments
One or two pages that answer each ground in order, citing the Act and any decisions you rely on.
6
Decide the mode and confirm logistics
Plan travel for a physical hearing, or the link and equipment for a video one.
7
Attend and argue
Answer what is asked, in the order the Registrar prefers.
8
File written submissions
Do this if the Registrar allows time after the hearing.
9
Wait for the order
It is issued on the portal.
How to attend a trademark hearing: physical vs video conference
The Trade Marks Rules, 2017 permit hearings by video conferencing, and many hearings now run
that way. Either mode can be listed, and the notice tells you which.
|
Physical hearing |
Video conference hearing |
| Where |
At the Trade Marks Registry office with jurisdiction |
From your office or home, on the link or platform in the notice |
| What to carry |
Printed notice, power of attorney, evidence bundle in order, spare copies |
Digital evidence folder, scanned notice and power of attorney, notes open on a second screen |
| Identity checks |
You or your representative present documents in person |
Be ready to confirm identity on camera |
| Risks |
Travel delays, queue management at the office |
Poor connection, wrong link, audio failure |
| Preparation tip |
Arrive early; matters are called in sequence |
Log in ten minutes before your slot and test audio and camera beforehand |
| Best for |
Matters with bulky original documents |
Most routine show cause matters, especially for applicants outside the Registry's city |
On video, send the Registrar a clear, indexed evidence file in advance if the notice permits it.
Screens are bad at showing sprawling attachments. A Registrar who can open page 12 of a
numbered file in a few seconds will follow your argument more easily.
What evidence you need at a trademark hearing
The Registrar decides on documents, not adjectives. Evidence matters most where the objection is
under Section 9, because you are showing that buyers already link the mark with your business,
and it helps in Section 11 matters when you need to show real differences in goods, market or
reputation.
| Evidence |
What to bring |
What it proves |
| Invoices |
Dated invoices showing the mark, spread over several years, to different customers and cities |
Continuous use and geographic reach |
| CA certificate |
A chartered accountant's certificate stating year-wise turnover and advertising spend under the mark |
Scale of business and investment in the brand |
| Marketing proof |
Brochures, social media posts, website pages, ad-agency invoices, trade fair participation, packaging and labels |
Public exposure to the mark |
| User affidavit |
A sworn statement of the date of first use and how the mark has been used since |
Ties the documents into one account |
| Registrations and search report |
Any registered marks, domain registration, GST certificate, and a search report showing similar marks on the register |
Business identity and the state of the register |
| Third-party recognition |
Press coverage, awards, customer reviews with dates |
Reputation outside your own material |
| Consent or coexistence letter |
A letter from the owner of a cited mark |
Removes a Section 11 clash at source |
Some practical rules
Dates beat volume. Ten invoices spread over five years persuade more than a hundred from last month.
The mark must be visible. An invoice that shows only a company name and not the mark proves less.
Match the numbers. The CA certificate, the invoices and the affidavit should tell the same story. A mismatch invites doubt on everything.
Proposed-to-be-used applications have no use to prove. If your application is on that basis, the argument rests on the mark's inherent character and the differences from cited marks, not on sales.
How to argue your case on the day
Open with your strongest answer to the lead objection, not a history of your company. Registrars
hear many matters, and a clear first minute earns attention for the rest.
For a Section 9 ground, say why the mark is distinctive for these goods, then go
to your evidence of use if you need it. For a Section 11 ground, compare the
marks as a buyer would see them, point to differences in goods and trade channels, and mention
any consent letter. Keep to the grounds in the notice. If the Registrar raises something new,
answer it briefly and offer to file a short written note.
Do not argue with the Hearing Officer or reargue points already settled. Offer a disclaimer or a
narrower specification if it solves the objection. A mark accepted with a condition beats a mark
refused on principle.
Trademark hearing legal representation
You can appear yourself, send an authorised director or employee, or appoint a registered trade
marks agent or an advocate. An agent acting for you needs Form TM-48 on record before the
hearing date.
Self-representation is possible, and for a simple Section 11 clash with a clear difference in
goods it can work. Representation is worth the cost when the objection depends on evidence of
use, when a cited mark has to be attacked, or when your business cannot afford a refusal. Our
team provides trademark hearing support with a written scope that separates preparation from
appearance.
Adjournments and missed hearings
If you need more time, an adjournment request goes on Form TM-M, with a reason. Published rates
put the government fee at around ₹900 on e-filing, and practice generally limits how many
adjournments you get. File early, because a request made the day before is risky.
If nobody
appears, the Registrar can decide on the existing record. Practitioners report that this
commonly ends in refusal or in the application being treated as abandoned. A missed notice,
usually from an outdated email or address, is the most common cause. Update your correspondence
details before your next filing.
Checking trademark hearing status online
Your application's status page on the IP India public search portal shows where the file stands.
The wording changes as the application moves, and statuses such as "Ready for show cause
hearing" appear when a hearing is pending. The page also links the documents on file, including
hearing notices and orders, so check it weekly while the application is live.
Use the IP India trademark public search with your application number. If the status looks
wrong, ask your representative to check the file before you assume anything.
After the hearing: possible outcomes
The Registrar's order takes one of three forms:
Acceptance
The mark is accepted and advertised in the Trade Marks Journal, where the four-month opposition window opens.
Acceptance with conditions
For example, a disclaimer, a narrowed list of goods, or limits on use.
Refusal
The Registrar gives written grounds.
A refusal can be appealed to the High Court under Section 91. The Intellectual Property Appellate
Board was abolished in 2021, so the High Court is now the forum. Appeals have a time limit, so
ask counsel for the exact date counted from the order the day you receive it.
Trademark hearing fees in India
| Item |
Fee |
| Attending the hearing |
No government fee |
| Adjournment (Form TM-M) |
Around ₹900 on e-filing, per commonly published rates |
| Professional fees |
Depends on the complexity of the objection, the volume of evidence and whether it is a show cause or an opposition hearing. Ask for a written scope before you appoint anyone |
Verify the
TM-M fee on the official IP India fee page before filing, since schedules change.
Frequently asked questions
It is a sitting before the Registrar where you answer objections to your application, or, in an opposition, argue against the opponent.
It is a hearing listed after the Registrar finds your reply to the examination report unsatisfactory. You are asked to show cause why the application should not be refused.
Not necessarily. Hearings can be held by video conference, and the notice states the mode.
Yes. The applicant, an authorised person, or a registered representative can appear. Representation is advisable when the objection depends on evidence.
Published practice says around 15 days. Rely on the date in your notice, not on that estimate.
The notice, your reply, the power of attorney (Form TM-48) if an agent acts, invoices, a CA certificate, marketing proof, a user affidavit and any consent letter.
File an adjournment request on Form TM-M with a reason, well before the date.
The Registrar can decide on the existing record, which often leads to refusal or abandonment.
Search your application number on the IP India trademark public search and read the status and documents on file.