Consequences of not attending to trademark show cause notice

569 votes

If the Trademark Registrar has called for a hearing in all probability he is not convinced by your reply to his objections.
the hearing was an opportunity for you to substantiate your case.
If you do not appear for the hearing;
1)the TMR will decline to register your TM based on your evidences and the information he already has.
2) no action will be taken against you but it is in your own interest to appear for the hearing either on your own or through an authorised representative.
SUGGESTED ACTION:
file an application /letter citing the reasons for abstaining from the hearing and pray for another opportunity.

Advocate Gayatri Sridharan LawRato

875 votes

1. What will happen if I do not attend the hearing?
If it is the first hearing date and you do not attend the hearing on the date fixed, then it will usually be adjourned. However, if you fail to attend the adjourned hearing also, then the Trademark application will be deemed to be abandoned for lack of prosecution. Your Trademark application will not proceed for registration and hence you will lose the opportunity to claim rights of a registered Trademark.

2. Whether they can take any actions against me for not attending the Show cause hearing?
There will be no legal actions against you for not attending the hearing. Your trademark application will be deemed to be abandoned, which in itself is an action against your Trademark. there will be no action on the Proprietor of the Trademark.

Advocate Suhasini S LawRato

991 votes

Hello,

Thanks for your query. In so far as your first (1) query is concerned, the TM registrar often adjourns the hearing for the next date on one/two occasions. Should your absence continue, it will be recorded as 'No cause shown' and your TM application will stand as 'Abandoned'. It isn't recommended if you are keen or holding the TM. However, if you have already missed the hearings where you've been ask to show cause but are keen on making a representation, an application needs to be made recalling the order of the TM Registrar marking your TM application as abandoned along with a request for a date of hearing on the show case notice.

On question no.2, the simple answer is No! They can't take any action against you for not appearing before the TM Registrar. Only your TM application status will read as abandoned and you lose any fees paid towards the TM Application.

Advocate Akshay Ram LawRato

802 votes

the trade mark registry will pass the order to dismiss your application for registration of trademark and also sometimes it will one more opportunity to hearing on your request to adjourn.
you can also opt service of the advocate to attend the hearing. contact for clarification

Advocate Govindaraju K LawRato