Is it Mandatory for your Trademark Attorney to Attend Hearings?

Is it Mandatory for your Trademark Attorney to Attend Hearings?. When it comes to trademark registration, various steps and procedures need to be followed. One of these steps is attending trademark hearings (also known as a TLA hearing). These hearings may take place in a range of situations when you begin the trademark registration process. These can include show-cause notices from trademark examiners to trademark opposition hearings. When you receive a trademark hearing notice, you must respond promptly to protect your mark.
In this article, we will discuss two important questions that you might be having concerning trademark hearings. First, is it mandatory to attend trademark hearings, and second, is it mandatory for your counsel/attorney to attend trademark hearings or someone else can attend it on their behalf?
What is a Trademark Hearing?
A trademark hearing is a formal proceeding in the trademark registration process where an applicant or their representative appears before the trademark registrar. Trademark hearings can occur at various stages of the trademark registration process. The purpose of a trademark hearing is to resolve any issues or disputes that arise during the trademark registration process. 
These hearings are an essential part of the trademark registration process and can significantly impact the outcome of your trademark application.
Types of Trademark Hearing
Trademark hearings can occur at various stages of the trademark registration process, to resolve any conflicts or issues that may arise. 
1. Examination of Application Hearings
When you file a trademark application, it undergoes a trademark examination stage to ascertain that the applied mark is not identical or deceptively similar to an existing trademark in respect of the same or similar goods or services. An examination report will be issued thereafter mentioning objections (if any) or acceptance. The Registrar will communicate such objection or acceptance in writing to the applicant. If the mark is objected to, and the response to the examination report is not satisfactory or where the applicant has requested for hearing, an opportunity for a hearing is given to the applicant. 
2. Opposition Proceedings
After your trademark application passes the trademark examination stage it is published in the Indian Trademark Journal, and it enters a four-month opposition period. During this period, any person can file a notice of opposition citing appropriate reason/s. When a copy of the opposition is received, a counterstatement needs to be filed. Both parties submit evidence, and further evidence is submitted if required. The Registrar, after the closure of the evidence, notifies both parties of the first date of the hearing. 
3. Cancellation or Revocation Hearings
Even after registration, your trademark may face cancellation or revocation hearings. In cancellation or revocation proceedings, both parties file evidence and hearings take place. The Registrar hears both sides and, after examining the evidence, passes an order.
Mandatory Attendance for Trademark Hearing
We receive queries now and then asking if it is mandatory to attend these trademark hearings. To cut short, the answer is no. It is not mandated by the governing law to attend trademark hearings as such. However, is it advisable? Absolutely! Though not mandatory, attending your trademark hearing is highly recommended. Let us understand this regarding the Opposition hearing.
Request for postponement/adjournment of trademark hearing
Suppose you applied for trademark registration of your mark, and it was accepted. When it was advertised in the Trademark Journal, it was opposed by some people. Now, after completing all the formalities such as filing counterstatements, and evidence in support of your application, etc., the Registrar notifies the first date of the hearing, but you cannot attend it.  
In that case, you can request an adjournment, supported by reasonable cause, at least three days before the scheduled hearing date. You can request for such adjournment by applying Form TM-M along with the prescribed fees. A maximum of two adjournments are permitted and each adjournment is limited to no more than 30 days. Now, what will happen next if you still do not appear for a hearing at the adjourned date and time?
If you cannot make it to the trademark hearing at the adjourned date and at the time mentioned in the notice, your application may be treated as a rejected mark or abandoned mark. Similar is the situation for the opposing party (opponent). The opposition raised may be dismissed for want of prosecution and the application for the impugned trademark may proceed to registration if the opponent fails to attend the trademark hearing at the adjourned date and at the time mentioned in the notice. 
In either of these cases, you paved the way and created a win-win situation for the opposite party. Your time and money are also wasted. However, no legal action will be taken against you if you do not attend all the trademark hearings. However, failure to do so can lead to rejection/abandoning of your trademark or dismissal of the opposition hearing, and the opposed mark will proceed for registration.
Is it mandatory for your trademark attorney to attend hearings or someone else can attend them?
If your attorney is unable to attend the hearing, you can appoint someone else to represent you, provided they have been given proper authorization. The representative can be a legal practitioner (Advocate), a registered trademark agent, or a constituted attorney (a person under sole and regular employment) of the applicant. There is a simple process you can opt for in case your trademark attorney cannot attend the hearing on the scheduled date.
An authorization letter must be submitted by the applicant in favor of that person to the Trademark Office in advance of the hearing date. The application can made in Form TM-M, along with the copy of the Power of Attorney. The authorized representative should carry the original authorization document to the hearing, along with any relevant identification or proof of qualification. In the case of an employee representative, evidence of their employment status should also be provided. 
Though this alternative representation is permissible and at times necessary, it is generally preferable to have your regular trademark attorney present due to their familiarity with the case.
Conclusion
When it comes to attending trademark hearings, it is important to understand the significance of active participation in the process. While it may not be mandatory, attending these hearings can have a profound impact on the outcome of your trademark application or opposition. Consistent absence from trademark hearings can have serious consequences, that may lead to the rejection of your application or the dismissal of your opposition. Therefore, it is important to attend these hearings and make sure that you have the right person to speak on your behalf.
How can Compliance Calendar LLP help you with a Trademark Hearing?
At Compliance Calendar LLP, we are here to simplify your trademark hearing experience. Our team of expert Trademark Agents and Attorneys starts by having a quick call to understand your specific needs. We then guide you through every step, from preparing your case to representing you at your trademark hearing. 
You can contact us, if you need any assistance with the trademark hearing process, or have any questions regarding trademark registration, or the trademark examination process. 
Frequently Asked Questions

What occurs during a trademark hearing?

A trademark hearing involves the presentation of arguments and evidence by both parties involved in the trademark dispute. The Trademark Registrar then assesses this information to decide.

Can my trademark attorney attend the hearing on my behalf?

Yes, your trademark attorney can attend the hearing on your behalf.

How many times can I request a postponement for a trademark hearing?

A maximum of two adjournments are permitted, with each adjournment limited to no more than 30 days.

What is the process for requesting an adjournment of a trademark hearing?

File an application in Form TM-M along with the prescribed fees at least three days before the scheduled hearing date, providing a reasonable cause for the request.

How soon after a hearing will I receive a decision?

Decision timelines vary, but you can typically expect to receive a decision within 1-3 months after the hearing.

What are the most common reasons for trademark hearing objections?

Common objections include the likelihood of confusion with existing marks, descriptiveness, and lack of distinctiveness.

Who can represent me at a trademark hearing if my regular attorney is unavailable?

You can appoint a legal practitioner (Advocate), a registered trademark agent, or a constituted attorney (a person under sole and regular employment) of the applicant.

How can Compliance Calendar LLP assist in the Trademark Assignment?

At Compliance Calendar LLP, we are here to simplify your trademark hearing experience. Our team of expert Trademark Agents and Attorneys starts by having a quick call to understand your specific needs. We then guide you through every step, from preparing your case to representing you at your trademark hearing. If you have questions or need assistance with a trademark hearing, you may contact us at info@ccoffice.in or contact us at 9988424211.

When it comes to trademark registration, various steps and procedures need to be followed. One of these steps is attending trademark hearings (also known as a TLA hearing). These hearings may take place in a range of situations when you begin the trademark registration process. These can include show-cause notices from trademark examiners to trademark opposition hearings. When you receive a trademark hearing notice, you must respond promptly to protect your mark.

In this article, we will discuss two important questions that you might be having concerning trademark hearings. First, is it mandatory to attend trademark hearings, and second, is it mandatory for your counsel/attorney to attend trademark hearings or someone else can attend it on their behalf?

What is a Trademark Hearing?

A trademark hearing is a formal proceeding in the trademark registration process where an applicant or their representative appears before the trademark registrar. Trademark hearings can occur at various stages of the trademark registration process. The purpose of a trademark hearing is to resolve any issues or disputes that arise during the trademark registration process.

These hearings are an essential part of the trademark registration process and can significantly impact the outcome of your trademark application.

Types of Trademark Hearing

Trademark hearings can occur at various stages of the trademark registration process, to resolve any conflicts or issues that may arise.

1. Examination of Application Hearings

When you file a trademark application, it undergoes a trademark examination stage to ascertain that the applied mark is not identical or deceptively similar to an existing trademark in respect of the same or similar goods or services. An examination report will be issued thereafter mentioning objections (if any) or acceptance. The Registrar will communicate such objection or acceptance in writing to the applicant. If the mark is objected to, and the response to the examination report is not satisfactory or where the applicant has requested for hearing, an opportunity for a hearing is given to the applicant.

2. Opposition Proceedings

After your trademark application passes the trademark examination stage it is published in the Indian Trademark Journal, and it enters a four-month opposition period. During this period, any person can file a notice of opposition citing appropriate reason/s. When a copy of the opposition is received, a counterstatement needs to be filed. Both parties submit evidence, and further evidence is submitted if required. The Registrar, after the closure of the evidence, notifies both parties of the first date of the hearing.

3. Cancellation or Revocation Hearings

Even after registration, your trademark may face cancellation or revocation hearings. In cancellation or revocation proceedings, both parties file evidence and hearings take place. The Registrar hears both sides and, after examining the evidence, passes an order.

Mandatory Attendance for Trademark Hearing

We receive queries now and then asking if it is mandatory to attend these trademark hearings. To cut short, the answer is no. It is not mandated by the governing law to attend trademark hearings as such. However, is it advisable? Absolutely! Though not mandatory, attending your trademark hearing is highly recommended. Let us understand this regarding the Opposition hearing.

Request for postponement/adjournment of trademark hearing

Suppose you applied for trademark registration of your mark, and it was accepted. When it was advertised in the Trademark Journal, it was opposed by some people. Now, after completing all the formalities such as filing counterstatements, and evidence in support of your application, etc., the Registrar notifies the first date of the hearing, but you cannot attend it.

In that case, you can request an adjournment, supported by reasonable cause, at least three days before the scheduled hearing date. You can request for such adjournment by applying Form TM-M along with the prescribed fees. A maximum of two adjournments are permitted and each adjournment is limited to no more than 30 days. Now, what will happen next if you still do not appear for a hearing at the adjourned date and time?

If you cannot make it to the trademark hearing at the adjourned date and at the time mentioned in the notice, your application may be treated as a rejected mark or abandoned mark. Similar is the situation for the opposing party (opponent). The opposition raised may be dismissed for want of prosecution and the application for the impugned trademark may proceed to registration if the opponent fails to attend the trademark hearing at the adjourned date and at the time mentioned in the notice.

In either of these cases, you paved the way and created a win-win situation for the opposite party. Your time and money are also wasted. However, no legal action will be taken against you if you do not attend all the trademark hearings. However, failure to do so can lead to rejection/abandoning of your trademark or dismissal of the opposition hearing, and the opposed mark will proceed for registration.

Is it mandatory for your trademark attorney to attend hearings or someone else can attend them?

If your attorney is unable to attend the hearing, you can appoint someone else to represent you, provided they have been given proper authorization. The representative can be a legal practitioner (Advocate), a registered trademark agent, or a constituted attorney (a person under sole and regular employment) of the applicant. There is a simple process you can opt for in case your trademark attorney cannot attend the hearing on the scheduled date.

An authorization letter must be submitted by the applicant in favor of that person to the Trademark Office in advance of the hearing date. The application can made in Form TM-M, along with the copy of the Power of Attorney. The authorized representative should carry the original authorization document to the hearing, along with any relevant identification or proof of qualification. In the case of an employee representative, evidence of their employment status should also be provided.

Though this alternative representation is permissible and at times necessary, it is generally preferable to have your regular trademark attorney present due to their familiarity with the case.

Conclusion

When it comes to attending trademark hearings, it is important to understand the significance of active participation in the process. While it may not be mandatory, attending these hearings can have a profound impact on the outcome of your trademark application or opposition. Consistent absence from trademark hearings can have serious consequences, that may lead to the rejection of your application or the dismissal of your opposition. Therefore, it is important to attend these hearings and make sure that you have the right person to speak on your behalf.

How can Compliance Calendar LLP help you with a Trademark Hearing?

You can contact us, if you need any assistance with the trademark hearing process, or have any questions regarding trademark registration, or the trademark examination process.

Frequently Asked Questions

What occurs during a trademark hearing?