When the status changes to Ready for Show Cause Hearing, the examiner has read your reply to the examination report and remains unconvinced. Section 18 of the Act does not allow the Registrar to refuse an application without giving the applicant a chance to be heard, so the case goes to a hearing officer. This guide explains how the hearing is arranged, what to file before it, what happens in the room, and what comes after.
The hearing notice
The Registry lists hearings in batches and publishes the cause list on its website. The notice, with date, time and video link, is sent to the address for service, usually the agent who filed. Notices commonly arrive two to four weeks before the date, though shorter notice happens. If your agent is not watching, you may find out only from the portal. Check it if the status has been Ready for Show Cause Hearing for more than a couple of months.
Before the hearing: what to file
The hearing is short. The officer reads the file in advance, so the work is done in writing before the day. We file:
- Written submissions answering each objection in the examination report in order, referring to the earlier reply and adding what it lacked.
- Evidence of use, if the objection is under Section 9: an affidavit with dated invoices, advertising, sales figures by year, marketplace and website presence, press. This is what turns a "descriptive" mark into one that has acquired distinctiveness.
- The status of every cited mark, if the objection is under Section 11: portal printouts showing which cited marks are abandoned, withdrawn, removed or refused, and a side-by-side comparison of the live ones with yours.
- Any amendment offered: a narrower specification of goods, a disclaimer of a descriptive word, deletion of a class. Offering it in writing lets the officer accept on the spot.
- Precedents, a few, chosen for the actual point in dispute, not a bundle.
Filing this a week before the hearing, and carrying a copy, is the single largest factor in the outcome.
Adjournments
A request for adjournment is made on Form TM-M with the fee, at least three days before the hearing, giving a reason. The Registry normally allows no more than two adjournments, and a request on the day is usually refused. Non-appearance without an adjournment is treated as failure to prosecute: the application is abandoned or refused, and the routes back are the narrow ones in the abandonment guide.
On the day
- Join the video link, or attend the Registry office, a few minutes before the slot. Hearings run in a list; yours may be called late.
- The officer confirms the application number and the objections outstanding.
- The attorney makes the argument, objection by objection, pointing to the written submissions and evidence on file. Ten to fifteen minutes is typical.
- The officer may ask questions: how long the mark has been used, what the goods are exactly, whether the applicant will accept a disclaimer or limitation.
- The officer either announces the outcome or reserves the order.
Outcomes
| Outcome | What it means | What happens next |
|---|---|---|
| Accepted | The objections are overcome | Advertisement in the journal; the four-month opposition period |
| Accepted with a condition or disclaimer | Registration proceeds, but a descriptive element is disclaimed or the goods are limited | Same as above, with the condition recorded on the register |
| Refused | The objection stands; a reasoned order is passed | Appeal to the High Court, or a fresh application on an amended mark |
| Abandoned | Nobody appeared and no adjournment was granted | Review petition within one month, or a fresh application |
Appeal
A refusal order is appealable. Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, appeals under Section 91 go to the High Court having jurisdiction over the Registry office concerned, within the statutory period from the order. Appeals are worth taking where the refusal is on a point of law or ignores the evidence filed; where the mark is plainly descriptive, a fresh application with a stronger mark is usually the better investment.
Five things that decide hearings
- Written submissions on file before the day, not arguments improvised at it.
- Dated evidence of use, not assertions of reputation.
- Knowing the status of every cited mark; half of them are often dead.
- A realistic amendment in hand: a narrower specification or a disclaimer offered at the right moment turns a refusal into an acceptance.
- Turning up.
Hearings in a fixed-fee engagement
For applications we handle, the hearing is included in the professional fee, however many are listed: submissions, evidence, appearance and the order. If your application was filed by someone else and a hearing is now listed, send us the application number and the date; we will read the file and tell you what it needs, at no charge. Hearings listed at short notice are workable if the file is with us a week ahead.
Frequently asked questions
Why has my trademark application been listed for a hearing?
Because the examiner was not satisfied by the written reply to the examination report, or no reply was filed. The Registrar must give the applicant an opportunity to be heard before refusing an application, so the case is listed for a show-cause hearing.
Are trademark hearings held online?
Yes. Since 2020 the Registry conducts most show-cause hearings by video conference, with the link and time sent to the address for service. Physical hearings at the Registry office can still be requested.
Can I ask for an adjournment of a trademark hearing?
Yes, by a request on Form TM-M with the fee, filed at least three days before the hearing and stating the reason. Adjournments are limited, normally to two, and repeated requests are refused. Not appearing without an adjournment usually results in abandonment or refusal.
Do I have to attend the hearing myself?
No. An attorney or registered agent with a power of attorney appears on your behalf. Applicants may attend in person, but the argument is legal and is normally made by the attorney.
What are the possible outcomes of a trademark hearing?
Accepted, accepted subject to a condition or disclaimer, or refused. Acceptance leads to advertisement in the journal; refusal is a reasoned order that can be appealed to the High Court.
How long after the hearing is the order passed?
Often the same day or within a few weeks. The status on the portal changes to Accepted or Refused, and the order is uploaded to the documents section.
Can new evidence be filed for the hearing?
Yes, and it should be. Written submissions with evidence of use, sales, advertising and the status of any cited marks are filed before the hearing, so the officer has them in the file when the case is called.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.