A trademark hearing is short. Fifteen minutes, often by video conference, usually with a single point that decides the outcome. Preparation is what makes the difference, and the most common reason applicants lose is that nobody appeared.
Starting at
₹7,999 per class onwards
TM hearing
Applicants with a show cause hearing; opposition and rectification parties
Timeline
Notice specifies a date at least 1 month ahead
There are three kinds. A show cause hearing at examination stage under Rule 33(6), where the reply to the examination report is not satisfactory or the applicant requests one, conducted under Rule 115 - the question is whether the Section 9 or Section 11 objection is answered. An opposition hearing under Rule 50, once evidence closes. And a rectification hearing on a petition under Section 47 or 57, with the same structure.
TL;DR
Rule 33(7) is the provision to know: where the applicant fails to appear AND no reply to the office objection has been filed, the Registrar may treat the application as abandoned. Where a reply was filed but nobody appears, the Registrar decides on the record - better than abandonment, but materially worse than appearing.
Rule 33(6)
The Registrar shall give an opportunity of hearing where the reply to the examination report is unsatisfactory, or where the applicant requests one.
Rule 33(7)
Where the applicant fails to appear and no reply to the office objection was filed, the application may be treated as abandoned.
Rule 115
The rule under which hearings are conducted.
Form TM-M
The form for an adjournment request, ₹900 e-filing. Must be made at least three days before the hearing date.
The argument is whether the Section 9 or Section 11 objection is answered.
Argued on the record built through the evidence stages.
An adjournment sought on the morning of the hearing is not an adjournment; it is a non-appearance.
01
The objection or the evidence record, the reply already filed, and the single point the hearing will actually turn on.
02
For Section 9, the evidence of use that establishes distinctiveness. For Section 11, the comparative case plus anything undermining the cited mark - non-use, lapse, or a consent that can be obtained.
03
Representation before the Registrar, by video conference or in person at Mumbai, Delhi, Kolkata, Chennai or Ahmedabad.
04
Filed after the hearing where the Registrar permits, which is usually worth doing where the case turns on case law. The Registrar may accept the mark, accept it subject to conditions or a disclaimer, or refuse it.
Upload via our secure portal. We pre-check every scan before filing - cuts portal rejections by ~90%.
Still unsure if TM hearing is right for your case? Book a free 20-minute consult - a senior CA / CS will walk you through your specifics.
Still have questions?
Book a free 20-minute consult with a senior partner - we'll walk through your case and outline next steps.
Talk to a partner →A senior CA / CS will get on a call with you, confirm scope and start the work - usually within 24 hours.
