Purpose of a Trademark Hearing

• A trademark hearing is a formal opportunity to address objections raised by the Trade Marks Registry.
  
• It allows the applicant to present oral and written arguments in support of the application.
  
• The hearing is held before the Registrar or an appointed officer.
  
• It is often the final step before acceptance or refusal of the application.
  

Notice and Scheduling

• A hearing notice is issued if the Registrar is not fully satisfied with the reply to the Examination Report.
  
• The notice specifies the date, time, and venue or online link for the hearing.
  
• Hearings are usually scheduled within a few weeks from the date of notice.
  
• The notice may also include instructions for document submission before the hearing.
  

Preparation for the Hearing

• The applicant or their attorney must thoroughly review the Examination Report and previous reply.
  
• Supporting evidence should be compiled, including usage proof, promotional materials, and legal precedents.
  
• A concise summary of arguments should be prepared to present clearly within the hearing timeframe.
  
• If applicable, affidavits or declarations can be submitted to strengthen the case.
  

Conducting the Hearing

• The hearing may be conducted physically at the registry office or virtually via video conferencing.
  
• The applicant or representative must present the case and respond to questions raised by the officer.
  
• Any additional documents or clarifications can be submitted during or just before the hearing.
  
• A calm and professional presentation with relevant legal references is essential.
  

Post-Hearing Procedure

• The Registrar will evaluate the arguments and evidence presented.
  
• A written order is issued, either accepting, rejecting, or requesting further clarification.
  
• If accepted, the application moves to “Accepted and Advertised” status for journal publication.
  
• If refused, the applicant may appeal to the Intellectual Property Division of the High Court for reconsideration.