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Can an advocate represent me in a hearing?

Eligibility for Representation

  • A trademark applicant may be represented by a qualified advocate registered under the Advocates Act, 1961.
  • Representation is also allowed by a registered trademark agent or attorney.
  • The person representing must be duly authorized by the applicant in writing.
  • This authorization is generally given through a Power of Attorney using Form TM-48.

Role of an Advocate in the Hearing

  • An advocate prepares and presents legal arguments on your behalf.
  • They examine the objections raised in the Examination Report and draft a suitable reply.
  • During the hearing, they address questions, submit documents, and clarify legal points to the Registrar.
  • Advocates also handle post-hearing correspondence and appeals if needed.

Benefits of Legal Representation

  • Advocates bring knowledge of trademark law and prior case precedents.
  • They help structure stronger arguments and improve the chances of acceptance.
  • They ensure procedural compliance, such as filing timelines and documentation.
  • Legal professionals can advise on further remedies if the application is refused.

Authorization Procedure

  • The applicant must execute Form TM-48, authorizing the advocate to act on their behalf.
  • The form should be duly signed and filed with the Trade Marks Registry before or along with hearing documentation.
  • A valid authorization allows the advocate to attend hearings, file replies, and receive communications.

Virtual and Physical Hearings

  • Advocates may appear either in person at the Registry or virtually through video conferencing.
  • For virtual hearings, login credentials and hearing links are sent to the advocate’s registered email.
  • The advocate is expected to submit documents electronically, in the correct format and time frame.

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