Trademark hearing notice and Trademark hearing are self-explanatory terms, however it has been seen that most of the people do not understand the Trademark adjournment, what does it mean and what will be its impact on the further processing of Trademark application.
Trademark adjournments are common and are just one of the part of the trademark application prosecution process.
Adjournments means the trademark hearing is not conclusively dealt and the date for next Trademark hearing is scheduled.
This can happen due to variety of reasons and it may happen at discretion of Examiners of Trademark or by the action of person attending the hearing, who may be advocate or applicant or any authorised representative in connection to applied Trademark.
In case the hearing is adjourned due to actions related to Examiner it may not include the extension fees. In case the hearing date is asked by the attorney for any cognate reasons, the attorney has to file for request for extension of time by way filing the TM-M form, which involves a Govt fees of Rs 900.
This extension request is generally applied for 1 month, but it has been observed that next date for hearing may come after 2-3 months or more.
The applicant has to be very diligent in keeping the track of next trademark hearing as any date missed may result in refusal of the Trademark application on the ground of non-refusal.
Generally, only three adjournments are allowed and therefore, the representative has to be diligent in dealing with adjournments and request for extensions must be applied only after due consideration.
The trademark hearing notices may be checked by anyone as these are publically available on www.ipindia.nic.in
The applicant may inspect the application online and may download the notice issued from correspondence and notice bar.
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