How-To Guide · Trademark Hearing
How to Attend a Trademark Show-Cause Hearing in India (2026)
A trademark show-cause hearing is your chance to persuade the Trade Marks Registry to let your mark proceed after objections have been raised. The Registry sends a hearing notice with a date, the hearing is usually held by video conference under Rule 115 of the Trade Marks Rules, 2017, and you or your attorney appear and argue the case. If no one appears, the Registry decides the matter as it stands, which usually goes against you. This guide explains when a hearing is fixed, how to prepare, how the video hearing works, and how to handle an adjournment. Last verified October 2026.
- What it is: an oral hearing where you show cause why your mark should be registered despite objections.
- Mode: usually by video conference under Rule 115 of the Trade Marks Rules, 2017.
- Prepare: answer each objection directly, with proof of use, prior filings and correct case law.
- Do not miss it: if no one appears, the Registry decides on the record, which usually means refusal.
01What a trademark show-cause hearing is
When the Trade Marks Registry has objections to a mark that are not resolved on paper, it fixes a hearing and asks the applicant to show cause why the mark should be registered. A show-cause hearing is that oral stage: you or your attorney appear before a hearing officer and argue the case.
Most applicants reach a hearing after an examination report, also called a First Examination Report, when objections remain even after a written reply. For how the written stage works, see how to respond to a trademark examination report. A hearing can also be fixed in opposition proceedings, covered in how to file a trademark opposition.
02When the Registry fixes a hearing
A hearing is usually fixed when:
- objections in the examination report remain after your written reply; or
- the matter is contested, such as an opposition that has gone through its evidence stages.
The Registry sends a hearing notice with the date and time. Treat that date as fixed and important. The notice will also say how the hearing will be held, which is usually by video conference.
03How a video-conference hearing works
Rule 115 of the Trade Marks Rules, 2017 allows hearings to be held by video conference or other audio-visual means, and the hearing is treated as taking place at the appropriate office of the Registry. In practice this means:
- you receive a link or joining details for the hearing;
- you join on time from your own location; and
- the hearing officer hears your submissions as if you were present at the office.
Test your setup in advance
A video hearing is still a formal hearing. Check your internet, camera and microphone before the slot, keep your documents ready to refer to, and join a few minutes early. Technical trouble on the day is avoidable and does not make a good impression.
For how brand owners keep on top of hearing dates, see trademark hearing tracking.
04How to prepare for the hearing
Good preparation is about answering the Registry's specific objections, not repeating your application. Before the date:
- Re-read the objections, whether under the absolute grounds, such as lack of distinctiveness, or the relative grounds, such as similarity to an earlier mark.
- Prepare a short, clear answer to each objection.
- Gather supporting documents, such as proof of use of the mark, sales and advertising, prior registrations, and any consent.
- Line up the case law you want to rely on, and make sure each citation is correct.
If you are relying on judgments, confirm each one is real and still good law first; see how to verify a case citation.
05Adjournments
If you genuinely cannot attend on the date, you can request an adjournment. The request is made in the proper form, with a fee, and should be filed before the hearing date, not on the day. The Registry decides whether to allow it, and adjournments are usually limited, so do not treat them as routine.
The safer course is to attend on the fixed date wherever you can, or to have your authorised attorney appear for you.
06If you do not appear
Non-appearance is the most avoidable way to lose a mark. If neither the applicant nor an authorised agent appears at the hearing, the Registry decides the application as per law on the material on record, which usually means the objections stand and the mark is refused.
A refusal is not always the end. Depending on the stage, you may be able to seek a review or appeal to the relevant High Court, where many High Courts now have Intellectual Property Divisions. But it is far simpler, cheaper and faster to appear at the hearing in the first place.
The hearing date is the moment the mark is won or lost. Appear, answer the objections squarely, and do not let a missed date decide it for you.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The biggest risk around a hearing is a missed date, which is why a docketing and hearing-tracking workflow matters so the notice is diarised and the slot is not lost. And if a refusal is taken on to a High Court, often an Intellectual Property Division, the matter moves from the Registry into court. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so an appeal from a trademark refusal can be followed by party or case number, and you can search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to see how similar refusals were argued and decided. Claw does not use your case documents to train its AI models.
Create a FREE Claw account to track a trademark refusal appeal through the High Court, and use case search across Indian courts to find how similar matters were decided.
08Sources and further reading
- IP India (Trade Marks Registry, hearings and forms): ipindia.gov.in
- IP India Online (e-filing and e-register): ipindiaonline.gov.in
- India Code (Trade Marks Act, 1999, and Rules): indiacode.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Procedure, forms and fees can change, so check the current position on the IP India portal and take advice from a trademark attorney before you act.
09Frequently asked questions
How do I attend a trademark hearing in India?
Note the date and time on the hearing notice, confirm whether it is by video conference under Rule 115, and prepare short answers to each objection with supporting documents. Join on time from your location, or have your authorised attorney appear for you, and then wait for the Registry's order.
Are trademark hearings held online?
Rule 115 of the Trade Marks Rules, 2017 allows hearings to be held by video conference or other audio-visual means, and such a hearing is treated as taking place at the appropriate office of the Registry. Most show-cause hearings are held this way, with a joining link sent in advance.
What happens if I do not attend the hearing?
If neither the applicant nor an authorised agent appears, the Registry decides the application as per law on the material on record. In practice the objections usually stand and the mark is refused, so appearing is the simplest way to protect the application.
Can I get a trademark hearing adjourned?
Yes, you can request an adjournment, made in the proper form with a fee and filed before the hearing date rather than on the day. The Registry decides whether to allow it, and adjournments are usually limited, so the safer course is to appear on the fixed date or have your attorney appear.
What should I prepare for a show-cause hearing?
Re-read the objections, prepare a clear answer to each, gather supporting documents such as proof of use, sales, advertising and prior registrations, and line up the case law you rely on. Confirm each citation is real and still good law before the hearing.