Normally, most of the people out there feel that once they have filed the trademark objection reply the process of obtaining a trademark is but a mere formality. However, it is not necessarily like that. If the trademark examiner is not satisfied with your reply to the trademark objection report he may ask you for a formal visit where you can clarify your reply. This process is also referred to as trademark hearing.
The trademark hearing is an important one. It is normally supposed to be the final step that you take in order to get your trademark registered and this is the reason why it is advisable that you do not miss it.
If you wish to know the status of your trademark application there are always websites you can visit to this http://www.ipindia.nic.in/. Over there you can check the current status of your trademark registration application. From these websites you would also come to know if a hearing notice has been issued in your name or not. In case one has been issued indeed you can always download it and use a mark so that you are able to remember the date.
Show cause hearing
The term show cause hearing is basically the notice of the trademark hearing that is sent to you when the examiner is not happy with the arguments that you have put forward in support of using a mark in reply to his trademark objection letter.
How are trademark hearings fixed?
Normally, it is the examiner who would issue a hearing notice to you. The notice would be sent to you on the service address that you have mentioned in your trademark application. However, if the service address is that of your attorney on record it would be better to follow up with him once you know that such a notice has been issued to you.
Adjournment of trademark hearing
The hearing can be adjourned when you are unable to attend it for some reason or the other. In these cases, you could apply for the hearing to be adjourned and also ask for the next hearing date if you are not able to attend the hearing on the date that it has been scheduled for.
How to get ready for such a hearing?
It is very important that once you come to know of the hearing date you get ready for the same. These hearings normally happen regarding the objections that have been stated in the trademark examination report sent to you. The reply that you had sent immediately afterwards in response to your trademark examination report also happens to be important in this particular context.
The first thing that you need in this case is a letter of authorization. This is however only applicable when you are not attending the hearing yourself. Through this letter of authorization, you can enable your attorney or any other individual to appear at the hearing on your behalf.
You also need an affidavit of usage. It should be prepared properly and list the various details about the brand name that you are using.
You also need your TM-16 documents in this case. If your trademark objection report contains any objection that is related to your TM-16 then you would have to carry those papers with you at the time of your hearing as well.
Your submissions are also important in this particular regard. You do not necessarily need to carry all your submissions with you but it would be beneficial if you have a record of all your important notes.
This should include all your examples and case laws. You can be sure that they would come in handy in case you needed a quick reference of sorts.