Trademark Hearing Service — Show Cause and Opposition Hearings
A trademark hearing is your chance to argue before a Registry officer when your reply to an objection has not been accepted, or when an opposition reaches its final stage. Under Rule 115 of the Trade Marks Rules, 2017, hearings can be held by video conferencing. We prepare the submissions and evidence, and argue the case for you.
What it is
A show cause hearing is called when the examiner is not satisfied with your reply to the examination report. The Registry fixes a date, and a hearing officer listens to your arguments on why the mark should be accepted. At the end, the officer accepts the application, accepts it with conditions, or refuses it.
The process comes from Rule 33 of the Trade Marks Rules, 2017. You get one month from receiving the examination report to reply. If the reply does not settle the objection, or you ask for one, the Registrar gives you a hearing under Rule 115. After your reply or hearing, the Registrar passes an order.
Hearings also happen in oppositions and rectifications, once both sides have filed their evidence. Most hearings now take place online. The proviso to Rule 115 allows hearings by video conferencing or other audio-visual devices, and treats them as held at the Registry office.
Who it applies to
Argue past an objection
Your mark drew an examination objection under Section 9 or Section 11, and the reply did not settle it. Say a Faridabad cookware brand was cited against an older mark that sounds alike. The hearing is where you show the two do not clash.
Win or defend an opposition
You filed, or are defending, a trademark opposition and the evidence stage is over. The hearing decides the case.
Recover from a missed hearing
In practice, this often happens to a small trader whose agent closed shop, or who moved without updating the address for service. The status suddenly reads “abandoned”. There may still be a route back, and we check it quickly.
Why it matters
Win the order at the hearing
Under Rule 33(8), once you have replied or appeared and made your submissions, the Registrar passes an order. The hearing is where that order is won or lost.
Keep the application alive
An applicant who neither replies nor turns up at the hearing risks having the application treated as abandoned.
Build a record for appeal
Appeals from the Registrar’s orders go to the High Court under Section 91. Points not raised at the hearing are harder to raise later.
Documents required
From the Registry
- Examination report and your earlier reply
- Hearing notice with date, time and video link
- Any cited marks and their status
Proof of use and reputation
- Dated invoices showing the mark, year by year
- Advertisements, brochures, website and social media pages
- Sales figures certified by a CA, if available
For the hearing itself
- Authorisation of the agent or advocate attending
- Written submissions with case law
- Affidavit of use under the Trade Marks Rules, where needed
How it works
Study the objection and the reply
We read the examination report, your earlier reply and the cited marks, and find what the examiner was not convinced by.
Build the evidence
We collect proof of use and of honest adoption, and put it in an affidavit with exhibits.
Write the submissions
We draft short written arguments: the facts, the law, and why your mark differs from the cited marks.
Appear at the hearing
We join the video hearing at the notified time, argue the case and answer the officer’s questions. You can watch if you wish.
Follow the order through
If accepted, we track advertisement in the Trade Marks Journal. If refused, we ask for the grounds of decision and advise on review or appeal.
Virtual hearings and adjournments
Most hearing notices now carry a video link. No travel to a Registry office is needed. A Ballabgarh garment maker can be represented from a laptop, with the owner joining from the factory office. On the day, the agent or advocate joins with the file, the evidence and a stable connection. The officer may ask for written submissions to be filed after the hearing.
| Point | What the rules say |
|---|---|
| Place of hearing | Rule 115: at the appropriate office, or by video conferencing or other audio-visual device |
| Show cause hearing | Rule 33(6): given when the reply is not accepted, or when the applicant asks for one |
| Adjournment in opposition and rectification | Rule 50: at most two adjournments per party, each up to 30 days, asked for in Form TM-M at least three days before the hearing |
| Grounds of decision | Form TM-M request, ₹900 e-filing |
| Review of Registrar’s decision | Form TM-M petition, ₹2,700 e-filing |
Here is the catch with adjournments. They are limited, and an officer is not bound to grant one at the last minute. If you need more time, ask early and give a reason.
Timelines
Reply to the examination report
One month from receiving the examination report, under Rule 33. A hearing comes only after that.
Ask for an adjournment
In oppositions and rectifications, file Form TM-M at least three days before the hearing date; each adjournment is up to 30 days, with at most two per party.
Act on a refusal
Ask for the grounds of decision promptly, then decide between review before the Registrar and an appeal to the High Court under Section 91.
What happens if you miss the hearing
Lose the application as abandoned
Under Rule 33(7), an application can be treated as abandoned when the applicant has not replied and does not appear at the hearing.
Get decided on old papers
If you replied but did not appear, the officer can still decide on the papers. The order then rests on whatever was filed before.
Give up your filing date
Refusal means starting again. A fresh application takes a new filing date, and anyone who files a similar mark in between gets ahead of you.
Frequently asked questions
What is a show cause hearing for a trademark?
It is a hearing the Registry gives you when it is not satisfied with your reply to the examination report. Rule 33 of the Trade Marks Rules, 2017 provides for it, and the hearing itself is held under Rule 115. You or your agent explain why the mark should be accepted, with evidence. A well-prepared case still has a fair chance at this stage.
Are trademark hearings held online?
Yes. The proviso to Rule 115 allows hearings through video conferencing or other audio-visual communication devices, and treats them as held at the Registry office. Most hearing notices now carry a link for the virtual hearing. Your agent or advocate joins at the notified time with the file and evidence ready. You can usually sit in if you want to see the hearing for yourself.
Can I get a trademark hearing adjourned?
Yes, but only within limits. In oppositions and rectifications, Rule 50 allows at most two adjournments per party, each of up to 30 days, requested in Form TM-M at least three days before the hearing. For a show cause hearing, ask in writing before the date with a reason. We file the request well ahead, so you are not relying on a last-minute grant.
What happens if I miss my trademark hearing?
Under Rule 33, if you have not replied to the examination report and do not appear, the application may be treated as abandoned. If you replied but did not attend, the officer can decide on the papers already filed. Either way, move fast. We check the status, the order and what remedies are still open, such as review.
What should I submit before a show cause hearing?
Written submissions and an affidavit of use, with exhibits. The strongest files show dated invoices with the mark, advertising spend, website and marketplace listings, and how the mark differs from the cited ones. For a Section 9 objection, proof of acquired distinctiveness carries the most weight. We put it all in one indexed file for the officer.
Who can appear at a trademark hearing?
The applicant, a registered trade marks agent, or an advocate authorised by the applicant. Most businesses send their agent or advocate, who argues on the law and the evidence. As the owner, you can join and answer factual questions about the business, such as when you started using the mark. We brief you beforehand if your presence will help.
What if the hearing officer refuses my trademark?
You can ask for the grounds of decision in Form TM-M, which costs ₹900 when e-filed. After that, you can seek a review in Form TM-M at ₹2,700, or appeal to the High Court under Section 91. Since 2021, the High Court has replaced the IPAB for these appeals. We go through the order with you and choose the route.
How long does a decision take after the hearing?
The officer may decide at the hearing or reserve the order. Under Rule 33(8), once you have replied or appeared and made your submissions, the Registrar passes an order. The order appears on the IP India status page. If the mark is accepted, it moves to advertisement in the Trade Marks Journal, and we watch both stages for you.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
| Request | E-filing | Paper filing |
|---|---|---|
| Form TM-M — seeking grounds of decision of the Registrar | ₹900 | ₹1,000 |
| Form TM-M — review of Registrar’s decision | ₹2,700 | ₹3,000 |
Ready to begin?
Send us your hearing notice and the examination report. We will tell you where the case stands and what to file before the date.