™ Appearances

Trademark Appearances:

Trademark Appearances describes the interaction between applicant’s representatives and the Trademark office with regard to a Trademark, or an application for a Trademark. Broadly, Trademark prosecution can be split into pre-grant prosecution, which involves negotiation with a Trademark office for the grant of a registration, and post-grant prosecution, which involves issues such as post-grant amendment and opposition.

Show cause hearing:

Show cause notice means an order issued by a Trademark Registry asking an applicant to explain or to "show cause" in writing as to why the disciplinary action should not be taken against the applicant for making wrong application. Order to show cause is issued by the authority after reviewing the entire application and if finds that the application is incorrectly applied or with any shortcomings, the registry provides a fair chance of hearing the applicant and his explanation towards his/her actions and so avoid disciplinary action.

Registrar calls for hearing in following two scenarios:

Objection:

This is the stage where applicant submits the reply to Examination Officer’s objection notice for their trademark application. The registrar further has two situations to show before the applicant either he will accept the mark and the stage will change to publication or secondly the registrar will call the party to further hear their verbal submissions on the concerned application.

Opposition:

This is the stage where the third party opposes to the published trademark by filing or serving notice to them. Further Registrar summons the parties to submit evidences and counter-statement regarding their application. Further post written submission by the parties, the registrar may call for a show cause hearing where the representatives for the parties appear before the registrar and argue on the written submissions.

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