TM Hearing

Who Needs This Service

Applicants whose objection replies were not accepted, and attorneys handling contested trademark prosecutions, need this service. Businesses with a significant brand investment should not leave the hearing to chance.

Founders who are not familiar with trademark law often benefit from professional representation, because hearing practice involves legal arguments and case law.

If your hearing notice has arrived, it is important to prepare early, since notice periods are short. Applicants who cannot attend on the notified date should request an adjournment in advance.

If a refusal seems likely, discuss alternatives such as limiting the goods and services, adding disclaimers or seeking consent from earlier owners.

Key Benefits

• Written submissions and case law prepared for your case
• Evidence of use and reputation organised
• Attendance at the hearing, in person or virtually
• Adjournment handled if required
• Higher chance of acceptance with proper advocacy

Next Steps & Related Services

After the hearing, the mark is accepted for publication or refused.

Related services: TM Objection, Trademark Registration, Trademark Opposition and Trademark Evidence Filing.

Common Mistakes

• Not appearing at the hearing.
• Relying only on the original reply without new arguments.
• Not submitting evidence of use.
• Ignoring the option of limiting goods or services.
• Missing the adjournment request deadline.

Timeline, Costs & Practical Tips

Hearing dates are set by the Registry and notice can be short.

Practical tip: begin preparing written submissions immediately when the hearing notice arrives and gather any additional evidence of use.

Additional Information

Rule 33 of the Trade Marks Rules, 2017 provides for hearings where the Registrar is not satisfied with the reply to an examination report. The Registrar's order can be accepted or challenged through the legal process available under the Act.

Practical Scenarios

Scenario 1:

A brand that received a Section 11 objection attends the hearing with arguments on differences between marks.

Scenario 2:

A company with a descriptive mark presents sales and advertising evidence.

Scenario 3:

An applicant requests an adjournment to collect additional documents.

Practical Guidance

Hearing outcomes often turn on preparation rather than rhetoric. A concise written submission that addresses each objection, supported by dated evidence of use and reputation and relevant case law, gives the Registrar a clear basis to accept the mark. Consider offering reasonable limitations on goods or services if that resolves the conflict, because partial acceptance can be better than refusal.