The trademark hearing marks the final stage in the Trademark Registration process and the last opportunity for the applicant to defend their Trademark Opposition for a trademark to be registered. This process allows one last opportunity to present one’s case to the Registrar and justify why your mark deserves legal protection.

Knowing this phase is crucial for a successful Trademark Registration. Whether it's a "Show Cause Hearing" scheduled by the registry after an unsatisfactory response to an examination report or a hearing resulting from a third-party Trademark Opposition, the objective is the same: you are advocating to establish the validity and distinctiveness of your mark. This is the essential barrier that lies between you and the grant of a registered trademark.

Trademark Opposition Hearing

Many hearings are "Show Cause Hearings", which provide an opportunity for you to address objections raised by the Trademark Examiner. However, a Trademark Opposition hearing presents a different and frequently more complicated kind of challenge. Essentially, a Trademark Opposition hearing occurs after your mark has been published in the Trademark Journal and a third party has officially filed an opposition against your Trademark Registration.

Trademark Opposition grounds include:

Likelihood of Confusion: The opposing party claims your mark is deceptively similar to their existing, well-established mark.
Lack of Distinctiveness: The mark is challenged for being generic or purely descriptive of the goods or services it represents.
Deceptive Marks: The mark is alleged to misrepresent the nature, quality, or origin of a product.

Trademark Opposition does not only require you to defend your mark against the objections of the registry, but also against the arguments of the opposing party. It is important to defend against an Opposition because it is critical for your Trademark Registration.

Hearing Procedure

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The trademark hearing procedure, whether for an objection or a trademark opposition follows a structured legal procedure.

Receiving the Notice: The trademark registry issues a formal hearing notice to the party in question. The notice outlines the date, time, and issues to be discussed.
Case Preparation: This is the most important step. You or your legal representative must carefully review the examination report or Trademark Opposition filing. You will need to assemble all the relevant documents, and prepare strong legal arguments in response to each objection raised therein.
Key Documents: Preparation includes compiling all supporting evidence. Essential documents include:
- Authority Letter: A Power of Attorney (Form TM-M or TM-48) authorizing your trademark attorney or agent to represent you.
- Evidence of Use: This is vital. You must provide proof of how your mark is being used in the market, such as product packaging, sales invoices, advertising materials, website data, and marketing expenses.
- Supporting Affidavits: An Affidavit of Usage may be required to formally attest to the mark's use in commerce.
Attending the Hearing: Most trademark hearings today are conducted through online videoconferencing, which provides convenience and efficiency. You or your representative is expected to make the arguments, present evidence and respond to questions of the Hearing Officer during the hearing.

Registrar’s Role

The hearing is held before the Registrar of Trademarks, or an appointed Hearing Officer. Their role is to act as an impartial adjudicator to provide a fair by hearing from both sides. Registrar examines the arguments and the evidence, as well as the documents. He then issues a decision that ultimately determines the fate of your Trademark Registration application.

The potential outcomes are:

Accepted: The Registrar is satisfied by your evidence and arguments. The application is accepted and moves to the next stage of Trademark Registration, provided there are no other issues.
Refused: The Registrar finds the objections or opposition valid and rejects your trademark application.
Accepted with Conditions: The trademark application may be accepted with the expectation that certain disclaimers or amendments will be made.
Adjourned: The hearing may be postponed to a later date. You can request an adjournment by filing Form TM-M, but this should be done at least three days prior. Failure to attend a hearing without good cause is very dangerous as repeated absence can lead to your application being considered "abandoned", effectively stalling your process for trademark registration.

How Lawfinity Represents You

Participating in a hearing (particularly in a contentious Trademark Opposition) is an intensive exercise which requires deep legal expertise and strategic preparation. This is where Lawfinity ensures your Trademark Registration is on the path to resolution. Our legal team handles the entire process for you.

Expert Case Preparation: We conduct a thorough analysis of the examination report or Trademark Opposition. We construct comprehensive and legally sound arguments that directly address the Registrar's concerns and counter opposing claims.
Meticulous Documentation: We prepare and manage all required documents, including filing the Power of Attorney (TM-48) and creating a comprehensive dossier of your 'Evidence of Use' to demonstrate your trademark's distinctiveness.
Professional Representation: Regardless of whether a hearing occurs virtually or in person at the registry office, our trademark attorneys represent you professionally. We present your case clearly, confidently, and professionally to the Hearing Officer.
Strategic Follow-Up: Following the hearing, we continue to liaise closely with the Trade Marks Registry. We monitor the status and make sure the final decision is correctly implemented, to bring your application towards a successful Trademark Registration.

We strive to remove any objections and provide your final Trademark Registration certificate in a timely manner.