Once we apply for Trademark registration, the trademark application goes through series of steps such as Trademark Objection and later on hearing.
Receiving notices for hearing are not uncommon and also not that scary, so let us understand how to deal with trademark hearing and how exactly know that is there a hearing date issued or not.
Sometimes what happens is that just after submission of Trademark objection reply, the alert: Awaiting for examination reply vanishes and thereafter, a new alert appears that appears as – “Ready for show cause hearing”. This alert does not mean that you have received hearing notice or date. This means that Hearing for your Trademark application is bound to come.
So, in case anyone calls you and asks money for hearing at this stage is totally wrong and you must avoid any such calls. As this alert only indicates that Trademark hearing will surely come for your application in NEAR FUTURE not now. Whereas, if you see the Alert as under hearing, you shall proceed to check hearing notice, because this alert means that hearing notice has been issued and hearing date has already been mentioned.
There are three ways in which you may receive hearing notices:
- 1) By mail
- 2) through speed post
- 3) online in E-register.
By mail: Trademark registry has started this service since 2016, and send the hearing notice online through mail id mentioned during the time of filing of the application.
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Through speed post: This is the letter generally received through registered post by the Trademark registry at Address mentioned as Service address column not at Applicant address.
Online E-register: This is the most viable and quick method to ascertain hearing date. You may log on to ipindia website and check the E-register, in case there exist s UNDER HEARING alert you may go notices column present below the register to access the notice.
The third method is the most effective and viable method to know the exact date for the hearing.
One must keep a regular track of their trademark application as in case you miss the hearing date the application will get abandoned.
Further, you shall timely check every 1-2 months once your Trademark application shows Alert for Ready show cause hearing.
As this means that for your Trademark application, hearing is certain and bound to come in near future.
It has been seen that generally the trademark applications under Ready show cause hearing remains in this status for even more than 2-3 years. You must not panic in case this status doesn’t change. As, this only means that your application is under process of the registration and is pending at last stage of hearing. You may continue to use the mark and shall timely check for any update. In our next article we will explain you the various scenarios that are related to hearing stage.
In case you have any query related to this topic, you may drop in an email at firstname.lastname@example.org or givs us a call at +91 8800926752
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