Purpose of the Hearing

• The hearing in an opposition case is a quasi-judicial proceeding conducted by the Registrar of Trade Marks.
  
• It allows both the opponent and the applicant to present oral arguments supporting their claims.
  
• The purpose is to evaluate the merits of the opposition and the defense before a final decision is made.
  
• It is conducted after the evidence stage is completed.
  

When and How It Is Scheduled

• A hearing is scheduled after both parties have filed their evidence in support and reply evidence.
  
• The Trade Marks Registry issues a hearing notice to both parties with the date, time, and venue (physical or virtual).
  
• Typically, a notice is issued a few months after the final evidence submission.
  
• If a party is unable to attend, they may file a request for adjournment with valid reasons.
  

Procedure During the Hearing

• The hearing is conducted before the Registrar or an appointed hearing officer.
  
• The opponent presents their arguments first, followed by the applicant.
  
• Each party may refer to the filed evidence, legal provisions, and relevant case law.
  
• The officer may ask clarificatory questions or seek explanations regarding the documents or arguments.
  

Role of Legal Representatives

• Both parties may be represented by a registered trademark agent or advocate.
  
• Legal representatives handle the oral presentation, procedural compliance, and submission of final written notes if required.
  
• Their expertise ensures that the evidence is effectively argued and procedural rules are followed.
  
• A Power of Attorney (Form TM-48) must be submitted if arguments are made through a representative.
  

Outcome of the Hearing

• After the hearing, the Registrar evaluates the submissions and reserves the decision.
  
• A written order is issued, either upholding or dismissing the opposition.
  
• If the opposition is upheld, the trademark application is refused.
  
• If dismissed, the application proceeds to registration, and a certificate is issued.
  
• Either party may choose to appeal the decision before the High Court within the prescribed period.