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Trademark Hearing: Prepare and Be Heard

A trademark hearing is where the Registrar of Trade Marks hears you on an objection to your application or on an opposition to it, and it can be held by video. StampMitra prepares the written submissions, evidence and authorisation, and a partner advocate or registered trade marks agent signs Form TM-M and appears for you. We are a filing assistance platform, not the Registry.

What a trademark hearing is, and is not

The Registrar of Trade Marks, or an officer exercising the Registrar's powers, hears the parties and then passes an order in writing. A hearing arises in two main settings: when your reply to an Examination Report is not satisfactory or you ask for a hearing (Rule 33(6)), and in an opposition after pleadings and evidence close (Rule 50). Hearings may be held by video-conferencing (Rule 115(1)).

The two hearings most applicants face

Show-cause (examination) hearing / Opposition hearing

  • Show-cause (examination) hearing
  • Opposition hearing

Who can appear and what they need

The applicant or opponent: A party can appear in person or by video. The Registrar may require personal presence (Rule 19(3)).

  • The applicant or opponent
  • An advocate or a registered trade marks agent
  • Companies, LLPs and firms

Government fees around a hearing

Fee schedule on the IP India fee page, checked on 25 October 2026.

  • Opposition by a third party, or the applicant's counter-statement, Form TM-O, per class: ₹2,700
  • Form TM-M requests such as extension of time or the grounds of a decision: ₹900

What to have ready

The hearing notice

  • The hearing notice
  • Authorisation in Form TM-M, if an agent appears

How a hearing runs

Opposition schedule and absence consequences

The Registry does not publish how long it takes from notice to hearing in practice, so we do not promise a date.

  • Notice of opposition: Within 4 months of the Journal date
  • Applicant's counterstatement: 2 months from receiving the notice
  • Opponent's evidence: 2 months
  • Applicant's evidence: 2 months
  • Opponent's evidence in reply: 1 month
  • First opposition hearing: At least one month after the notice of hearing

How to avoid a weak hearing

Bring new evidence or argument. Repeating the reply rarely helps.

  • Bring new evidence or argument. Repeating the reply rarely helps.
  • Deal with the overlap in goods and services with any cited mark, not only the marks themselves.
  • File written submissions before the date.
  • Make sure whoever appears has a valid Form TM-M authorisation.
  • Request any adjournment early. The 3-day limit is the latest, not the target.
  • Check the video link and the time on the notice a day before.

What StampMitra does for you

StampMitra is a filing assistance platform. It is not the Registry and not a law firm.

  • Hearing preparation checklist
  • Written submissions and evidence
  • Representation
  • Reminders and next steps

How it works

  1. Read the hearing notice Note the date, time and mode of the hearing and the matter it relates to.
  2. Prepare written submissions Prepare arguments and gather evidence and any consent letters before the date.
  3. Arrange authorisation Sign the authorisation in Form TM-M for the advocate or registered trade marks agent who will appear.
  4. Appear Join in person or by video and present your arguments.
  5. Act on the order If the order is adverse, decide quickly on asking for grounds and appealing to the High Court.

Frequently asked questions

What is a show-cause hearing?

It is a hearing before the Registrar, held when your reply to an Examination Report is not satisfactory or you ask for one. You answer the objections that remain (Rule 33(6)).

Can I attend the hearing by video?

Yes. Rule 115(1) permits hearings by video-conferencing. The hearing notice says how to join.

What if I cannot attend on the date?

In an opposition you can request an adjournment in Form TM-M at least 3 days before the hearing. We confirm how the Registry treats the request for an examination hearing.

How many adjournments are allowed?

In opposition hearings, at most two, each of up to 30 days (Rule 50(2)).

What happens if nobody appears?

If you do not appear and no reply is on file, the Registrar may treat the application as abandoned. In an opposition, an absent opponent risks dismissal of the opposition.

Does a missed hearing cost me an existing registration?

For a pending application, the consequence falls on the application and does not by itself end rights in a mark that is already registered. A hearing on a registered mark, such as a rectification or removal, is different: if you take no part, the entry can be changed or removed (Rule 100). Tell us if your hearing is of that kind.

Do I need an attorney?

Not by law, and you may appear yourself. If someone appears for you, it must be an advocate, a registered trade marks agent or a person in your sole regular employment, with an authorisation in Form TM-M. StampMitra is not itself an advocate, so a partner advocate or registered agent signs and appears.

Does the Registrar decide infringement?

No. The hearing is about registrability of the mark or an opposition. Infringement disputes go to the civil courts.

What can the Registrar decide?

Accept the mark, accept it with conditions or limitations, or refuse it.

Where do I appeal against the order?

To the High Court. The Intellectual Property Appellate Board was abolished in 2021.