When a trademark application encounters issues that can’t be resolved just by responding to examiner objections, it heads to a crucial stage called the Show Cause Hearing. Think of it as the final checkpoint before the Registrar makes a call: accept or refuse.
When and Why It Happens
After you file your application and receive an examination report with objections, you have 30 days to respond. If your reply doesn’t satisfy the Registrar, your case transitions to a hearing stage. At this point, you’re asked to appear in person (or via your agent) and explain—“why should this mark be allowed?”
What to Expect at the Hearing
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You receive an official hearing notice specifying the date.
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Your goal is to demonstrate to the Registrar that your mark is distinctive—often by showing ‘acquired distinctiveness’, i.e., actual use in India.
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Bringing evidence is key: sales invoices, advertising samples, client orders, packaging with the mark, and even proof of media presence all help.
If you make a convincing case, your mark is accepted and moves on to publication. If not, the Registrar may reject it.
What If You Don’t Attend?
Skipping the hearing is dangerous. The application may be marked “abandoned”—particularly if you don’t respond on time. In some cases, the Registry may still issue a fresh hearing notice, but that’s not guaranteed.
Can You Ask for a Postponement?
Yes—but timely filing is critical:
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You can request an adjournment using Form TM-M, with a fee of ₹900.
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This must be filed at least two days before the scheduled hearing, and only two adjournments are typically granted, each for up to 30 days—at the Registrar’s discretion.
| Step | Description |
|---|---|
| Objections Raised | Examiner finds unresolved issues after your reply. |
| Hearing Notice Issued | Registrar schedules a show cause hearing. |
| Prepare Evidence | Demonstrate usage, distinctiveness, and legal compliance. |
| Attend Hearing | Present case in-person or via your representative. |
| Outcome | Registrar either accepts (moves to publication) or refuses. |
| Adjournment Option | File TM-M (₹900) at least 2 days in advance; limited to two requests. |
The Show Cause Hearing is the final opportunity to save a trademark application that’s on shaky ground. It’s where argument, evidence, and legal clarity must align to tip the scale from refusal to acceptance. Skipping preparation or attendance can derail what might otherwise be a strong registration.
