Meaning of Hearing Notice

• A hearing notice is an official communication from the Trade Marks Registry.
  
• It is issued when the Registrar is not fully satisfied with the applicant’s reply to an objection.
  
• The notice provides a date and time for the applicant or their representative to appear.
  
• It serves as a final opportunity to argue the case before a decision is made.
  

When is a Hearing Scheduled

• A hearing is scheduled after reviewing the response to the Examination Report.
  
• It is called if the Registrar believes oral clarification is needed on unresolved issues.
  
• It may also be initiated if the applicant has requested a hearing in the objection reply.
  
• Hearings are conducted in cases of serious objections or borderline decisions.
  

Contents of a Hearing Notice

• Details include the name of the applicant, application number, and class.
  
• The date, time, and venue or mode (physical or virtual) of the hearing are mentioned.
  
• A reference to the objections under which the hearing is being held is provided.
  
• Instructions for attending the hearing and uploading documents are also included.
  

Actions Required by the Applicant

• The applicant must appear in person or through an authorized trademark agent or attorney.
  
• Preparation should include a summary of arguments, documents, and relevant precedents.
  
• Additional evidence, such as user affidavits or market proof, can be submitted.
  
• Failure to attend the hearing may lead to abandonment or refusal of the application.
  

Post-Hearing Outcomes

• If the Registrar is convinced by the arguments, the trademark may be accepted and advertised.
  
• If not satisfied, the application may be refused with reasons recorded in writing.
  
• A written order is usually issued after the hearing summarizing the decision.
  
• The applicant has the right to appeal the refusal to the Intellectual Property Division of the High Court.