Step 1: Examination
Report Issuance
After filing your trademark application, the Registrar of Trademarks reviews
it. If any issues arise—such as lack of distinctiveness, similarity to an existing mark,
or improper classification—the Trademark Examiner issues an Examination Report detailing
these objections.
Step 2: Responding to
the Examination Report
You need to respond to the Examination Report within 30 days from the date
of its issuance. Your response should address all objections, properly justified with
supporting documents.
- If your response is satisfactory to the Examiner, your application will proceed to
the next stage.
- If not, the matter may be scheduled for hearing to go into great detail
Step 3: Receiving the
Hearing Notice
If your response is insufficient, the Registrar issues a Hearing Notice.
This notice specifies the objections raised and provides the date and time for your
hearing.
- Act on receipt of notice and do not miss the hearing because missing the hearing can
cause your application to be rejected.
Step 4: Preparing for
the Hearing
Preparation is key to a successful trademark hearing. Here’s what you should
do:
- Collect all Documents: Prepare all the required documentation like the
Examination Report, response documents, and evidence that supports your case (e.g.,
proof of usage, invoices, or advertisements).
- Legal Precedents: Research relevant legal precedents to strengthen your
argument.
- Representation: Engage a qualified trademark attorney if you haven’t
already.
Step 5: Attending the
Hearing
On the scheduled date, either you or your attorney must appear before the
Registrar (or hearing officer).The Registrar will hear both sides, including any remarks
from the Trademark Examiner, before making a decision. The process typically involves:
- Presentation of the Case: Present your arguments clearly, supported by
evidence, submissions, and legal precedents.
- Addressing Objections: Directly address each objection mentioned in the
notice.
Step 6: Post-Hearing
Outcomes
After the hearing, the Registrar may:
- Approve the Application: If satisfied, the trademark proceeds to
registration.
- Request Further Clarifications: Additional documentation or
explanations may be required.
- Reject the Application: If the objections are not resolved
satisfactorily, the trademark application may be refused.
In some cases, the decision is announced immediately, while in others, it
may take a few days.
