trademark hearing essentials

In previous post we explained you how to check whether your mark is under Trademark hearing or not. Now in this article we will explain you about the things you are required to do in case you have received Trademark hearing notice.

Generally, your Trademark hearing preparation depends upon the Trademark objection raised previously on your mark. In case your Trademark objection was raised on Section 11 similarity with other marks you need to prepare hearing arguments accordingly. And also check the current status of all the cited marks.

Further, apart from preparation of arguments you are required to complete few formal requirements such securing proper authorisation. In case you are attending hearing on your own, you need no authorisation, In case you are hiring any agent or Trademark attorney. You need to submit authorisation along with form TM-M which is generally required to be submitted before hand.

Further, many people are confused what if they have authorised any other agency before, this is never a problem as only current date or recent date of authorisation is considered valid, which is updated online through filing of TM-M.

Apart from above lets proceed to understand a situation where your mark is objected under different sections, such as section 9 or section 9(1) b in both of these case you may have emphasise on the mark distinctive feature and prolonged usage. The use of mark you need to establish through preparation of affidavit of usage.

This affidavit of usage is beneficial in both the scenarios be it sec 11 or sec 9 Trademark objections

Anything that signifies the use of your mark be it financial or non financial use such as invoices, bill boards, websites, youtube channel, online marketing etc. you may use all these as evidence of use.

An affidavit of usage is critical and must be prepared carefully. Further this is also required to be properly notarised and stamped. Above were the few takeaways for attending Trademark hearing. Stay Tuned for are next article on this topic.


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