Once both parties have exchanged evidence in a trademark opposition, the Registrar sets the stage for the final act: the Hearing in Opposition Proceedings. This is where the arguments and documents are tested in person—or by your representative—and a decision starts to take shape.
When It Happens
A hearing is scheduled after the evidence-admission phase ends, giving both sides an equal opportunity to present their case. The Registrar issues hearing notices to both the opposing parties, setting a date for the oral argument.
Advisors, Dramaturgy & Decisions
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At the hearing, each party—or their representative—presents their arguments and evidence. It’s your chance to persuade the Registrar with clarity and legal reasoning.
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If everything is in order, the Registrar will then decide: register the mark (possibly with limitations), refuse it, or require changes.
Need More Time? Asking for a Deafening Adjournment
Life happens. If you need more time before the hearing:
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File Form TM‑M, with a ₹900 fee at least three days before the scheduled date.
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You can request up to two adjournments, each lasting no longer than 30 days.
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But beware: it’s up to the Registrar’s discretion whether to approve it.
Missing in Action? Be Warned
If you don’t show up at the hearing—without getting an adjournment—the Registrar may proceed to deliver a decision in favor of the other party. That outcome is then communicated in writing to the addresses on record.
| Event | What Happens |
|---|---|
| Hearing Scheduled | Registrar sets the date after evidence exchange. |
| Attending the Hearing | Present arguments; Registrar considers evidence and gives final decision. |
| Requesting Adjournment | Use Form TM-M (₹900) at least 3 days before hearing. Max two requests allowed. |
| Absent Without Cause | Registrar may rule in favor of the other party; decision is shared in writing. |
Why This Moment Matters
This is the showdown where theory meets reality. All the claim, counterclaim, and exhibits converge here in front of a decision-maker. A clear, compelling hearing—not just strong evidence—can tip the scales. If you miss it or mess up the timing, whatever groundwork you’ve laid could unravel in a blink.
