i. Lack of distinctiveness
Section 9(1)(a) — the mark is not capable of distinguishing the applicant's goods or services from those of others. Often raised against descriptive, generic, or common words.
Service
Trademark Hearing
When the Registrar raises objections to your trademark application, we draft the response, prepare the legal arguments, and appear before the Registrar to defend your mark.
A trademark hearing is the stage at which an applicant — or their attorney — appears before the Registrar of Trade Marks to argue why the application should proceed to registration despite the objections raised.
Hearings typically arise in two scenarios. First, after an examination report is issued under Sections 9 (absolute grounds) or 11 (relative grounds) of the Trade Marks Act, 1999 — if the applicant's written reply does not satisfy the Registrar, the matter is fixed for a personal hearing. Second, after a third party files a notice of opposition — both sides appear before the Registrar to lead evidence and argue their respective cases.
Hearings are now conducted predominantly through video conferencing. Outcomes turn on the strength of the legal arguments, the evidence of distinctiveness or use, and well-prepared submissions on points of law. Missing a scheduled hearing without sufficient cause results in the application being treated as abandoned — so timely, careful representation matters.
Common grounds
Why hearings are scheduled.
Most hearings are triggered by objections under one or more of the following provisions of the Trade Marks Act.
ii. Descriptive of goods or services
Section 9(1)(b) — the mark consists exclusively of indications that may serve to designate the kind, quality, quantity, intended purpose, or geographical origin of the goods or services.
iii. Generic or customary terms
Section 9(1)(c) — the mark consists of words that have become customary in the current language or in the bona fide and established practices of the trade.
iv. Identical or similar to a prior mark
Section 11 — the mark is identical or similar to an earlier registered or pending mark covering identical or similar goods or services, creating a likelihood of confusion among consumers.
v. Likely to deceive the public
Section 9(2) — the mark is of such a nature as to deceive the public or cause confusion regarding the nature, quality, or geographical origin of the goods or services.
vi. Opposition by a third party
Section 21 — a third party has filed a notice of opposition against the published application. Hearings in opposition proceedings are contested between two parties before the Registrar.
Procedure
How we handle your hearing.
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Review of the hearing notice
We start by reviewing the hearing notice, the examination report, and any reply already on record. The objections, the goods or services applied for, and the cited prior marks together determine the strategy for the hearing.
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Drafting written submissions
We prepare detailed written submissions addressing each objection — establishing distinctiveness, distinguishing cited marks, citing favourable case law, and supporting acquired distinctiveness with evidence of use where relevant.
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Compiling evidence of use
Where the response relies on use of the mark in commerce, we compile a structured evidence file — invoices, advertisements, social media presence, product images, and dated promotional material — that demonstrates continuous use and goodwill.
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Filing Power of Attorney
We file Form TM-48 with the Trade Marks Registry, authorising us to appear and act on the applicant's behalf at the hearing.
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Appearing before the Registrar
On the scheduled date, we appear before the Hearing Officer (typically by video conference) and present the legal arguments, distinguish cited marks, and respond to questions from the bench.
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Order and next steps
The Registrar passes an order — accepting the mark for advertisement in the Trade Marks Journal, accepting it with conditions or limitations, or refusing the application. We advise on next steps, which may include a review petition, an appeal to the High Court, or filing a fresh application with adjustments.
Why representation matters
The case for professional appearance.
i. Avoiding abandonment
Failure to appear at a scheduled hearing without sufficient cause results in the application being treated as abandoned. Professional representation ensures the matter is attended to and the application stays alive.
ii. Stronger legal arguments
An experienced attorney frames objections in terms of statutory provisions and decided case law — substantially improving the prospects of overcoming them, particularly under Sections 9 and 11.
iii. Structured evidence
Evidence of use must be presented in a form the Registrar can readily evaluate. We curate, date-stamp, and organise the evidence — sales records, advertising spend, market reach — to demonstrate acquired distinctiveness clearly.
iv. Time and procedural efficiency
We track hearing notices, file Power of Attorney in time, request adjournments where strategically warranted, and ensure procedural deadlines are met — sparing the applicant the operational burden.
v. Negotiation in opposition matters
In contested oppositions, hearings often present opportunities for settlement — coexistence agreements, limited withdrawals, or amendments to specifications. We negotiate these outcomes when they serve your commercial interests.
vi. Clear path to appeal
If the application is refused, the order from the hearing forms the basis of any appeal to the High Court. A well-argued hearing record makes the subsequent appeal materially stronger.
Compare IP rights
Trademark · Patent · Copyright.
India recognises three principal forms of intellectual property protection. They cover different subject-matter, have different eligibility tests, and run for different periods.
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What can be protected | Product, service, word, device, collective mark, numbers, certification mark, packaging, shape, colour, pattern, sound, symbol, slogan, tag line. | Inventions — products or processes. | Books, articles, music, photography, sculptures, dance, sound recordings, motion films, and other original creative works. |
| Eligibility | Distinctiveness and uniqueness. | Novelty, inventive step, and industrial applicability. | Originality — the work must be the author's own intellectual creation. |
| Validity | 10 years (renewable indefinitely) | 20 years from filing | Author's lifetime + 60 years |
Indicative comparison only. Subject-matter, eligibility, and term may vary based on the specific work or invention; please obtain advice for your matter.
Hearing scheduled? Let's prepare.
Send us your hearing notice and the examination report. We'll review and come back with a clear, fixed-fee proposal within one working day.