What is a trademark hearing?

A proceeding before the Registrar of Trade Marks under Rule 38, held after an examination objection, opposition, or rectification application, where both parties are heard before a decision is made.

How much notice will I get for the hearing?

At least 14 days from the date of the hearing notice (Rule 38(1)). The notice is served through the IP India portal.

Can hearings be held virtually?

Yes - the Trade Marks (1st Amendment) Rules 2024 (G.S.R. 247(E), 6 March 2024) codified video-conference hearings as standard practice.

Do I need an agent to appear?

Foreign parties must appoint an Indian agent via TM-48. Indian parties may appear in person, by a salaried employee, or by an authorised agent.

What documents must be filed before the hearing?

TM-48 authorisation, written submissions (skeleton arguments) filed at least 48 hours before the hearing per Registry practice, index of evidence, and any affidavits under Rule 39.

What happens if I miss the hearing?

The Registrar may proceed ex parte and decide against the absent party. Re-listing requires a TM-M application with a valid explanation (₹500/₹1,500 fee).

When is the Registrar's order issued?

No statutory SLA - typically within 30-90 days after the hearing. The order is communicated through the IP India portal.

Can I appeal the Registrar's order?

Yes - under s.91 to the High Court (post IPAB abolition via the Tribunal Reforms Act 2021, w.e.f. 4 April 2021) within 3 months of the order.

Editor's pickStartup · Business Registration

Trademark Show Cause Hearing in India | Expert Representation

Appear before the Registrar at a Rule 38 trademark hearing - physical or virtual (post-2024 Rules). Expert agent representation, written submissions & appeals by I-Pro.

Statutory basis: Trade Marks Act 1999, ss. 23, 21, 47, 57.

Turnaround

7–14 Days

₹

Starts from

₹4,499

Money-back accuracy

Guaranteed

Total starting from

₹4,499

Professional + estimated government fee

Professional fee₹3,499 starts with

Government fee (est.)₹1,000 - ₹2,000

Turnaround7–14 Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Total starting from

₹4,499

7–14 Days

Prof: ₹3,499•Govt: ₹1,000 - ₹2,000• Guaranteed

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.

Eligibility & thresholds

Minimum

Individual, startup, or enterprise
Distinctive name, logo, or tagline
Specific Nice classification (Class 1-45)

Maximum

Multi-class filing permitted
Series & collective marks supported
10-year statutory validity per renewal

Statutory floor

50% Govt fee discount for MSME / DPIIT
Section 9 (absolute grounds) clear
Section 11 (relative similarity) clear

What's included

Everything in one transparent fee — no add-ons, no surprises.

Comprehensive TM Search

Deep search across phonetic and visual similarities in IP India trademark database.

Nice Class Specification

Accurate drafting of goods and services specifications under appropriate classes (1–45).

Form TM-A Filing

Official filing on the CGPDTM portal with instant TM application number generation.

Attorney Scrutiny

Formulation and verification by specialized intellectual property advocates.

Status Tracking & Alerts

Real-time tracking of examination reports, journal publication, and objections.

Certificate Issuance

Delivery of official registration certificate with 10-year exclusive legal protection.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Trademark Show Cause Hearing in India Statutory Fee	₹1,000 - ₹2,000	Official government fee schedule (separate from professional fee)Statutory Authority
Total Government Fee	₹1,000 - ₹2,000	(for default assumptions stated below)

Fee Component

Trademark Show Cause Hearing in India Statutory Fee

Amount (₹)

₹1,000 - ₹2,000

Basis / Authority

Official government fee schedule (separate from professional fee)Statutory Authority

Total Government Fee

₹1,000 - ₹2,000

(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

1
TM-48 authorisation of the agent appearing
Identity and statutory verification
2
Written submissions (skeleton arguments)
filed 48 hours before the hearing per Registry practice.
3
Index of documents / evidence relied upon
Identity and statutory verification
4
Affidavit by way of evidence (Rule 39), where applicable
Identity and statutory verification
5
Identity and address proof of the agent (BCI / Trademark Age
Identity and address proof of the agent (BCI / Trademark Agent Registry registration)

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
I-Pro⏱ 1-2 Days
issues a hearing notice under Rule 38 - at least 1...
issues a hearing notice under Rule 38 - at least 14 days before the hearing date.
2
I-Pro⏱ 1-2 Days
reviews the underlying proceeding (TM-A examinatio...
reviews the underlying proceeding (TM-A examination, opposition, rectification, or assignment) and the issues to be argued.
3
I-Pro⏱ 1-2 Days
drafts written submissions addressing each ground,...
drafts written submissions addressing each ground, with case-law citations (e.g. *Burlington Coat Factory v. D/S Burlington*, *Laxmikant V. Patel v. Chetanbhat Shah*, *S. Syamala v. Hemant*).
4
Customer⏱ 1-2 Days
signs TM-48; **I-Pro** uploads documents and pays ...
signs TM-48; **I-Pro** uploads documents and pays any extension fee (TM-M if needed).
5
I-Pro⏱ 1-2 Days
files written submissions on the IP India portal a...
files written submissions on the IP India portal at least 48 hours before the hearing.
6
I-Pro⏱ 1-2 Days
's registered trademark agent / advocate appears a...
's registered trademark agent / advocate appears at the hearing (physical or virtual per Rule 38(2) as amended by 2024 Rules).
7
I-Pro⏱ 1-2 Days
reserves the order and issues a written decision - ...
reserves the order and issues a written decision - typically within 30-90 days.
8
I-Pro⏱ 1-2 Days
communicates the order to the customer and advises...
communicates the order to the customer and advises on next steps (registration, refusal, appeal).

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
Form TM-M / TM-R Renewal CGPDTM	`TM-R`	Every 10 years prior to expiry
Statement of Use / User Affidavit Trademark Registry	`Rule 25 Affidavit`	At filing or upon examiner requisition
Response to Examination Report CGPDTM	`MIS-R`	Within 30 days of examination report issue
Form TM-U (Registered User / License) CGPDTM	`TM-U`	Within 6 months of executing license deed
Form TM-P (Change in Name / Address) CGPDTM	`TM-P`	Promptly upon proprietor corporate change

Filing

Form TM-M / TM-R Renewal

CGPDTM

Form

TM-R

Deadline

Every 10 years prior to expiry

Filing

Statement of Use / User Affidavit

Trademark Registry

Form

Rule 25 Affidavit

Deadline

At filing or upon examiner requisition

Filing

Response to Examination Report

CGPDTM

Form

MIS-R

Deadline

Within 30 days of examination report issue

Filing

Form TM-U (Registered User / License)

CGPDTM

Form

TM-U

Deadline

Within 6 months of executing license deed

Filing

Form TM-P (Change in Name / Address)

CGPDTM

Form

TM-P

Deadline

Promptly upon proprietor corporate change

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
Failure to renew within statutory window	Section 25(3) Trade Marks Act	Surcharge fee + restoration fine up to 1 year
Unlawful use of registered symbol (®)	Section 107 Trade Marks Act	Imprisonment up to 3 years and/or statutory fine
Failure to reply to examination objection within 30 days	Section 21 / Rule 33	No extension of time permitted

Non-compliance

Failure to renew within statutory window

Provision

Section 25(3) Trade Marks Act

Penalty

Surcharge fee + restoration fine up to 1 year

Non-compliance

Unlawful use of registered symbol (®)

Provision

Section 107 Trade Marks Act

Penalty

Imprisonment up to 3 years and/or statutory fine

Non-compliance

Failure to reply to examination objection within 30 days

Provision

Section 21 / Rule 33

Penalty

No extension of time permitted

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Proposing a descriptive or generic brand name (Section 9 objection)
Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').
Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
2
Filing without a prior phonetic and visual trademark search
Why: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.
Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
3
Selecting incorrect Nice Class or vague goods specification
Why: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.
Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.

Frequently asked questions

Everything you need to know about this service.

Client feedback

What clients say

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