In short: Advocacy at show-cause hearings requires blending legal arguments with evidence of distinctiveness. A focused, well-prepared presentation significantly improves the chances of trademark acceptance.

Objection Raised	Possible Argument	Supporting Evidence
Section 9: Absolute Grounds – mark is descriptive, generic, or lacks distinctiveness	- Mark is inherently distinctive and capable of distinguishing applicant’s goods/services. - Even if descriptive, it has acquired secondary meaning through continuous use. - Consumers associate the mark exclusively with the applicant.	- Affidavit of use - Invoices & sales records - Advertisement & marketing spend proofs - Customer testimonials or recognition - Prior foreign registrations (if any)
Section 11: Relative Grounds – conflict with earlier registered mark	- Compared as a whole, the applicant’s mark differs visually, phonetically, and conceptually. - Goods/services not identical or sufficiently similar. - No likelihood of confusion under Cadila test (average consumer with imperfect recollection).	- Side-by-side comparison chart of both marks - Evidence of co-existence in market - Industry usage examples - Proof of applicant’s bona fide adoption & use
Non-use or lack of proof of use	- The mark has been continuously and bona fide used. - Applicant has made substantial investments in promoting the mark.	- Sales invoices - Import/export documents - Packaging samples - Website screenshots (with timestamps) - Trade fair/exhibition participation
Similarity to descriptive/common terms	- Mark is used in a stylized/unique form, making it distinctive. - Other marks containing similar terms coexist in register.	- Registry search report showing co-existing marks - Evidence of stylization/logo distinctiveness
Improper classification / wrong specification of goods/services	- Specification revised as per Registry’s classification. - Applicant undertakes to amend description for clarity.	- Corrected specification draft - NICE classification references
Use of prohibited/emblematic terms	- The mark does not fall under Section 13 (prohibited chemical names) or Emblems & Names (Prevention of Improper Use) Act. - Clarification affidavit filed.	- Clarification affidavit - Legal precedents (if applicable)

Example: S Sugar Trademark Application No.-5260447, Class 03

• Examination Report
• Hearing Notice
• Decision of Registrar
• Advertisement

Objections were raised on the grounds of section 11(1): Relative Grounds.

Cited Marks were as follows:

1. SUGAR SHOCK
2. SUGARSHIELD
3. SUGAR POP
4. SUGAR RAY

Legal Argument by Applicant

• Distinctiveness of the Applicant’s Mark

  • The Applicant’s mark “S SUGAR” is unique, coined, and distinctive in its overall structure and commercial impression.

  • The addition of the initial “S” creates a clear distinction from the cited marks, making the mark visually, phonetically, and conceptually different.

• Comparison with Cited Marks

  • The cited marks such as SUGAR, SUGARSHIELD, SUGAR POP and SUGAR Ray are distinguishable from “S SUGAR”.

  • The Applicant’s mark is neither identical nor deceptively similar when considered as a whole. The prefix “S” alters the phonetic pronunciation and brand perception significantly.

  • All four cited marks have a suffix to Sugar, which negates similarity and the likelihood of confusion.

• Legal Principles

  • It is a settled principle (Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., 2001) that marks must be compared as a whole and from the viewpoint of an average consumer with imperfect recollection. 

Step 4: Attending the Hearing Online

Hearings are now primarily conducted in virtual mode. To avoid disruptions:

• Log in at least 10 minutes before 10:30 a.m..

• Ensure microphone and camera are functioning.

• Maintain professional decorum, as hearings are judicial in nature.

• Be prepared to answer questions directly from the Hearing Officer, who may request clarifications, explanations of prior use, or additional documents.

In case of multiple adjournments, note that the Rules permit only two adjournment of up to 30 days. Hence, avoid unnecessary delays.

Step 5: Decision of Registrar

After the hearing concludes, the Registrar communicates their decision to the applicant in writing under Rule 36:

1. Accept the mark – sending it for Journal publication.

2. Refuse/partly refuse – with a written order uploaded on the portal.

3. Call for further documents/clarifications – which must be filed within the prescribed time.

The official order is uploaded under the Status of Trademark Application section of the IPIndia portal, which applicants must track closely.

Timeframe of Show Cause Hearings

• Notice Issued: Typically taking 2 years after reply filing.

• Hearing Date: Usually fixed within 1 month after notice.

• Decision Timeline: Registrar’s order issued within 1 month, or the next hearing date is assigned.

Cost of Show Cause Hearings

• Government Fee: Nil (already covered in TM-A filing).

• Professional Fees: ₹7,500 – ₹25,000 depending on complexity and attorney experience.

• Additional Costs: Preparation of user affidavits, notarization, translations, or evidence compilation.

For startups, this cost is relatively modest compared to the loss of re-filing a new application or facing litigation over an unregistered brand.

Practical Tips

1. Always conduct a prior trademark search before filing to reduce hearing chances.

2. File detailed user affidavits with strong evidence of use.

3. Avoid descriptive marks; choose coined or inventive words.

4. Use MSME/Startup India recognition for reduced fees.

5. Monitor IPIndia portal or the QuickCompany website regularly to never miss a hearing notice or order.

Conclusion: Hearings as a Gateway to Stronger Brand Rights

Trademark Show Cause Hearings should not be seen as obstacles but as opportunities to defend your brand identity. With the right preparation, evidence, and arguments, objections can be successfully overcome, ensuring your brand gains the legal protection needed for long-term growth.

FAQs

Q1. What is a Trademark Show Cause Hearing?

A Trademark Show Cause Hearing is a formal proceeding before the Registrar of Trade Marks when objections raised in the examination report remain unresolved after filing a written reply. It gives the applicant an opportunity to present oral arguments, submit evidence of use, and clarify misunderstandings before the Registrar decides on acceptance, conditional acceptance, or refusal.

Q2. When is a Show Cause Hearing scheduled?

It is usually scheduled 1 to 2 years after filing a reply to the Examination Report. However, the exact timeline may vary depending on the workload of the Registry.

Q3. How will I know about the hearing date and time?

You will receive a hearing notice uploaded on the IPIndia portal under the status of your application and also mailed to the applicant or the trademark attorney. The notice specifies the date but not the exact time. On the day of the hearing, the Cause List is published on the IPIndia website with the time slot (between 10:30 a.m. and 1:30 p.m.) and the hearing link.

Q4. Do I need a lawyer or trademark agent for the hearing?

While you can attend on your own, it is highly advisable to be represented by a registered Trademark Attorney/Agent. Hearings involve legal arguments under Sections 9 and 11, case law references, and strategic handling of objections, which professionals are better equipped to manage.

Q5. Can I request to change the hearing date?

Yes, you can request an adjournment, but only one adjournment of up to 30 days is allowed under the Trade Marks Rules, 2017. Missing the hearing without requesting adjournment usually leads to refusal or abandonment of the application.

Q6. What documents should I keep ready for the hearing?

• Copy of hearing notice and acknowledgment slip

• Reply to examination report

• Power of Attorney (Form TM-48) if represented

• Evidence of use: invoices, advertisements, website screenshots, packaging, media coverage, awards, etc.

• MSME/Startup Certificate (if applicable)

• Any additional clarifications or legal precedents you intend to rely on

Q7. Is the hearing conducted online or physically?

Most hearings are conducted online via Cisco Webex or other virtual platforms. Physical hearings are rare and generally reserved for special circumstances.

Q8. What happens during the hearing?

• The Hearing Officer calls out your matter as per the Cause List.

• You or your attorney present arguments and evidence.

• The Registrar may ask clarifying questions or request additional documents.

• Based on submissions, the Registrar may pass an order immediately or reserve it for later.

Q9. What happens if I miss my hearing?

If you fail to attend, the application may be marked as abandoned or refused. You can file a review petition or appeal, but prevention is better—track your application status regularly.

Q10. How much does it cost to attend a hearing?

• Government Fee: Nil (already included in TM-A filing).

• Professional Fee: Between ₹7,500 – ₹25,000 depending on complexity and attorney.

• Additional Costs: Preparing user affidavits, notarization, translation, or evidence compilation.

Q11. What are the possible outcomes of a Show Cause Hearing?

1. Full Acceptance → Trademark proceeds to Journal publication.

2. Conditional Acceptance → Registrar requires disclaimers, restrictions, or further clarifications.

3. Refusal → Application is rejected with a written order.

4. Adjournment or Call for More Documents → Applicant given limited time to submit additional evidence.

Q12. Can startups or MSMEs get special consideration at hearings?

Yes. While the hearing procedure is the same, filing under Startup India or MSME recognition shows bona fide use and helps secure fee concessions. Demonstrating innovation, goodwill, and prior use also strengthens the case for distinctiveness.

Q13. Can foreign applicants attend hearings?

Yes. Foreign entities must appoint an Indian trademark attorney/agent through Form TM-48 (Power of Attorney). Hearings are conducted online, so participation is easier.

Q14. What if my trademark is refused at the hearing?

You may file an appeal before the High Court under Section 91 of the Trade Marks Act, 1999 within 3 months from the date of refusal.

Q15. How can I improve my chances of success at a hearing?

• • File strong evidence of prior use.

  • Avoid descriptive or generic marks.

  • Conduct a prior trademark search before filing.

  • Present clear legal arguments with case law references.

  • Use professional representation to ensure compliance with legal and procedural requirements.