Trademark Hearing: Show Cause Hearings Before the Registry
Rules 33 and 115, Trade Marks Rules, 2017 · Section 18, Trade Marks Act, 1999 · Held by video conference
A trademark show cause hearing is listed when the Registrar is not satisfied with your written reply to an examination report (rule 33(6)). It is held by video conference, with the link in IP India’s cause list on the hearing day. Your agent argues the case, and the officer then accepts or refuses the application by written order.
- Reviewed by
- Registered Trade Marks Agent
- Last updated
- Notice tracked. Hearing dates diarised the day the notice issues.
- Written submissions. A short note and evidence on file before the hearing.
- Attended for you. The agent who drafted the reply argues the hearing.
- Order followed up. Grounds, review or appeal options set out in writing.
- Vashi, Navi MumbaiOur office, Sector 30A
- Since 2008Filing with IP India
- Objections handledReplies and hearings by a named professional
- International filingMadrid, PCT and direct filing
Trademark hearing at a glance
- When
- Your written reply to the examination report did not satisfy the Registrar, or you asked for a hearing
- Law
- Section 18 and section 128, Trade Marks Act; rules 33 and 115, Trade Marks Rules, 2017
- Mode
- Video conference; the link is in the dynamic cause list on the hearing day
- Notice
- Sent by email, roughly a month ahead (IP India’s draft manual)
- Outcome
- A written order: accepted, accepted with conditions, or refused
- After refusal
- Grounds on request within 30 days; review or appeal to the High Court
What is a show cause hearing for a trademark?
It is your opportunity to persuade the Registrar, in person, that the objections in the examination report should be waived. The examiner raised objections under section 9 (for example that the mark is descriptive) or section 11 (an earlier similar mark). You replied in writing within one month. If that reply is "not satisfactory", or if you asked to be heard, rule 33(6) requires the Registrar to give you a hearing before deciding.
The hearing is not a formality. Section 128 of the Act says the Registrar may not use a discretionary power against an applicant without giving a hearing, if asked, and section 18(5) requires any refusal to be recorded in writing with the grounds and materials used. What is said at the hearing, and what is on file before it, is the record the order is made on.
Most hearings follow an objection reply. The status on the e-register still reads Objected, and the hearing notice appears among the documents on the file. Our trademark status guide explains each label.
How does a virtual trademark hearing work?
IP India moved show cause hearings fully to video conferencing in 2021-22, and since April 2026 has centralised them across its offices. The steps below reflect the current practice.
About a month before
Hearing notice
The notice gives the application number, date and session. It is emailed to the address on the application (rule 18) and placed on the file. The Registry’s draft manual says notices go out about 30 days before the hearing.
Before the date
Written submissions and evidence
We file a short written note answering each objection, with any further evidence of use, so the officer has it before the hearing.
Hearing day
Cause list and hearing link
The dynamic cause list on IP India shows each listed application with its hearing room. The page states that the link is available from 10:00 a.m. on the hearing date.
At the hearing
Arguments before the officer
The agent explains why the mark is distinctive or why it does not conflict with the cited marks, and answers the officer’s questions. Hearings are usually short and focused.
After the hearing
Order
The officer passes an order (rule 33(8)). If accepted, the mark is advertised in the Journal; the status moves to Accepted & Advertised. If refused, the status reads Refused.
Where do you find the trademark hearing cause list and link?
IP India publishes several hearing pages. These are the ones that matter for a show cause hearing, as they appeared on 15 Oct 2026.
| Page | What it shows |
|---|---|
| Dynamic hearing cause lists | Application number, hearing room link, agent, applicant, date and session (for example the morning session) for each listed matter |
| Virtual hearing rooms | The video rooms of the hearing officers |
| Hearing cause lists | Published lists and adjournment notices |
| e-Register | The hearing notice and, later, the order on your file |
Search the dynamic list by application number. The lists we checked ran about five weeks ahead; that is an observation, not a published policy.
Can a trademark hearing be adjourned?
Yes, for a good reason, asked for in writing before the hearing. IP India’s draft manual allows adjournments of show cause hearings but says none will be given "on frivolous grounds". A clash with another hearing, illness or a pending settlement with the owner of a cited mark are the usual reasons.
For opposition hearings the Rules are stricter. Rule 50(2) requires the request on Form TM-M with the fee at least three days before the hearing, and no party gets more than two adjournments of up to thirty days each.
Missing a hearing has consequences. Under rule 33(7), if you do not appear and no reply to the objections is on file, the application may be treated as abandoned. If a reply is on file, the Registrar can decide on the papers, which is rarely in your favour when the reply had already failed to persuade.
What should you prepare for a trademark hearing?
- The examination report and your reply. Every objection, and what was already said about it.
- Evidence of use. Dated invoices, packaging, advertising and online listings showing the mark, ideally by year and region.
- Figures. Turnover and promotion spend under the mark, supported by a statement or an affidavit.
- The cited marks. Their status, goods and owners: a cited mark that is abandoned or for unrelated goods may fall away.
- Decisions that help. Earlier orders or court judgments on similar words, used sparingly and accurately.
- A fallback. Whether you would accept a narrower specification, a disclaimer or a condition to secure acceptance.
What happens if the trademark is refused after the hearing?
| Option | Time limit | Source |
|---|---|---|
| Ask for the written grounds of the decision, on Form TM-M | Within 30 days of the decision being communicated | Rule 36 |
| Ask the Registrar to review the decision | Within one month of the decision | Section 127(c); rule 119 |
| Appeal to the High Court | Within three months of the order being communicated | Section 91, as amended in 2021 |
| File a fresh application, for example for a revised mark | Any time | — |
For an appeal, the date the written grounds are received counts as the date of the decision (rule 36(3)). Decide quickly: the periods are short.
How is an opposition hearing different?
An opposition hearing is the last stage of a contested case, after the counter-statement and both sides’ evidence (rules 44 to 47). Rule 50 governs it:
- the first hearing is at least one month after the first notice;
- written arguments may be filed and the Registrar must consider them;
- if the applicant does not appear at the adjourned hearing, the application may be treated as abandoned; if the opponent does not appear, the opposition may be dismissed for want of prosecution.
Oppositions are frequent: IP India’s 2024-25 annual report records 82,915 notices of opposition filed in that year. Our trademark opposition service handles them from notice to hearing.
Trademark hearing: questions
How do I get the trademark hearing link?
From the dynamic hearing cause list on IP India on the hearing day: search by application number and use the hearing room button. The page says links are available from 10:00 a.m. on the hearing date.
Is a physical trademark hearing still possible?
Show cause hearings are held by video conference, and rule 115 treats a video hearing as held at the appropriate office. Some opposition drives have offered physical and virtual options; check the notice for your matter.
Do I need to attend my trademark hearing myself?
No. Your agent on record attends and argues the case. You may join, and it helps if a question about your business is expected, but it is not required.
What does "Ready for Show Cause Hearing" mean?
Where the e-register shows it, a hearing has been or will be listed because the written reply did not resolve the objections. Look for the hearing notice in the documents on the file.
What happens if I miss a trademark show cause hearing?
If no reply to the objections is on file, the application may be treated as abandoned (rule 33(7)). If a reply is on file, the Registrar may decide on it. Ask for an adjournment in writing before the date if you cannot attend.
How long after the hearing is the order passed?
There is no fixed period. Some orders follow within days; others take longer. The order is placed on the file and the status changes when it issues.
Can new evidence be filed at the hearing stage?
Yes. Evidence of use or acquired distinctiveness can be filed before the hearing, usually with an affidavit. Filing it in advance gives the officer time to read it.
Further reading
- Trademark Objection Under Section 9 vs Section 11: What Is the Difference?Absolute and relative grounds side by side: what triggers each objection and the evidence that answers it.
- Trademark Status Meanings: Every IP India Status ExplainedEvery status on the IP India e-register in the order an application meets it, what it means, and which ones start a deadline.
- Accepted and Advertised: What Happens Next for Your TrademarkWhat Accepted and Advertised means, how the four-month opposition window works, and how long it takes to reach Registered.
- Marked for Exam: What It Means for Your TrademarkWhat Marked for Exam means, what the examiner checks, the possible outcomes, and what to prepare while you wait.