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The three kinds of trademark hearing
All three are heard by the Registrar, but they arise at different stages, they turn on different things, and non-appearance costs you something different in each.
| Show cause hearing | Opposition hearing | Rectification hearing | |
|---|---|---|---|
| When it arises | After an examination report reply that the Registry does not accept, or on the applicant's request | After the evidence stages close in an opposition | On a petition to remove or correct an entry |
| Rule or section | Rule 33(6), conducted as per Rule 115 | Rule 50 | Section 47 or 57 |
| Who is on the other side | Nobody. It is you and the Registry | The opponent | The other party to the petition |
| What it turns on | Whether the section 9 or section 11 objection is answered | The record built under Rules 45 to 47 | Non-use, or the validity of the entry |
| If the applicant does not appear | Rule 33(7): where no reply to the office objection was filed either, the application may be treated as abandoned. Where a reply was filed, the Registrar decides on the record | Rule 50(3): the application may be treated as abandoned | The petition is decided without your side of it |
| If the other side does not appear | Not applicable | Rule 50(4): the opposition may be dismissed | The petition may fail |
| Government fee | Nil | Nil | Nil |
The distinction inside Rule 33(7) is the one worth understanding. Abandonment for non-appearance bites only where no reply to the office objection was filed at all. If you filed a reply and then nobody turns up, the Registrar decides on the record. That is not a catastrophe, but it means the strongest point in your case is never argued and the examiner's reading of it stands.
How to find your hearing date
IP India publishes the hearing cause list on its own site, and you do not have to wait for a notice to reach you.
- The dynamic cause list. The office of the CGPDTM publishes the cause list for show cause application hearings in the Trade Marks Registry conducted by video conference, in dynamic mode on the official website. It has been published this way since 1 December 2022. There are separate dynamic cause list utilities for formal hearings and for hearing cases on the Trade Marks search site.
- Virtual hearing rooms. IP India runs virtual hearing rooms for trade mark hearings, listed on its Trade Marks pages.
- The hearing notice. It goes to the address of service on the register, which for most applications is the agent who filed it.
That last point is where hearings get missed. If your address of service is an old agent, an old office or an email nobody reads, the notice and the video conference link both go there. Check the cause list yourself, and if the address of service is wrong, get it changed. The same address problem causes missed renewal notices.
What decides a show cause hearing
One objection, one argument. Work out which section the examiner relied on, because the two are won in completely different ways.
| The objection | What the hearing is about | What wins it |
|---|---|---|
| Section 9: the mark is descriptive, generic or lacks distinctive character | Whether the mark distinguishes your goods or services | Evidence of use: dated invoices, advertising, turnover attributable to the mark, market presence, length of use. This is a documents case |
| Section 9(2): the mark is deceptive or scandalous | Whether the mark itself misleads | Amendment of the specification, a disclaimer, or a reasoned case that no deception arises |
| Section 11: identical or similar to an earlier mark | Mark against mark and goods against goods | The comparative case, plus anything that undermines the cited mark: it has lapsed, it is not being used, or the proprietor will give consent |
| Section 11 with a cited mark that is unused | Whether the citation should be there at all | A rectification against the cited mark, which is a separate proceeding but changes the hearing |
The last row is the move most applicants never consider. If the mark cited against you has not been used for five years or more, attacking it under section 47 removes the citation instead of arguing around it. See trademark rectification. It costs ₹2,700 per class in government fees and it can settle a hearing that would otherwise run to a refusal and an appeal.
How we prepare
We read the examination report, the reply already on file and the cause list entry before the hearing, and prepare the argument around the objection that is actually live. Representation is before the Registrar, by video conference through the IP India virtual hearing rooms, or in person at the Trade Marks Registry office holding your file: Mumbai, Delhi, Kolkata, Chennai or Ahmedabad.
Everything that is going to be relied on has to be on file before the hearing. Rule 48 bars further evidence in an opposition except with the leave of the Registrar, and a document handed up on the day is generally not read.
A working checklist:
- The examination report and the reply already filed, read together, so you argue the objection that is live rather than the one you expected.
- The cause list entry and the hearing notice, with the date, the officer and the mode.
- For a section 9 objection: the evidence of use, indexed and dated, with an affidavit where one is needed.
- For a section 11 objection: the status of every cited mark pulled fresh from the register, including whether it has lapsed or been removed.
- Any consent or coexistence letter, executed.
- A current email address on record for the video conference link.
- An adjournment request in Form TM-M filed in advance if you cannot appear, not on the morning.
Hearing fees
There is no government fee for a hearing. You pay only for representation, and for an adjournment if you need one.
Government fee (First Schedule, Trade Marks Rules, 2017)
| Item | E-filing | Physical filing |
|---|---|---|
| Show cause hearing before the Registrar | Nil | Nil |
| Opposition or rectification hearing | Nil | Nil |
| Adjournment request, Form TM-M | ₹900 per request | ₹1,000 |
| Reply to an examination report | Nil | Nil |
| Extension of time, Form TM-M | ₹900 per request | ₹1,000 |
Professional fee
| Service | Regikart fee |
|---|---|
| Show cause hearing: file review, argument and appearance | Fee on quote |
| Opposition or rectification hearing: appearance on the closed record | Fee on quote |
| Written submissions after the hearing | Fee on quote |
Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 22 September 2026.
The absence of a government fee is worth stating plainly, because people searching "trademark hearing fees" are usually looking for a Registry charge that does not exist. What a hearing costs you is preparation and appearance.
Adjournments
An adjournment is requested in Form TM-M at ₹900 on e-filing and ₹1,000 physical. For an opposition hearing, Rule 50(2) requires it at least three days before the hearing date and allows no more than two adjournments of thirty days each per party. Ask in advance. A request made on the morning of the hearing is, in practice, a non-appearance.
Possible outcomes
The Registrar may accept the mark, accept it subject to conditions or a disclaimer, or refuse it. Acceptance sends the mark to advertisement in the Trade Marks Journal, which opens the four-month window for anyone to file an opposition. Refusal can be appealed to the High Court: the Intellectual Property Appellate Board was dissolved by the Tribunals Reforms Act, 2021 and IP India has notified the dissolution. Court work is done by advocates, and we prepare the record and brief counsel.
Have a hearing notice or a cause list entry? Send us the application number and we will tell you what the hearing turns on.