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UI’m in the process of registering a brand name under Class 11. However, I recently received an objection from the Registrar, stating that a part of the name is already registered by someone else in the same class.
A few small law firms have contacted me, offering to assist with drafting and filing a response to the objection for a relatively low fee. They indicated that no hearing would be required since there’s only one cited mark, and they believe the chances of acceptance are good.
In contrast, I consulted an IP lawyer in my city, who explained that the process involves filing a response, attending 1–3 hearings, and then having the trademark granted by the Registrar, after which it would be open for public scrutiny. His fee for handling the response and hearings is significantly higher—three times the amount quoted by the smaller firms.
To the IP lawyers in this sub: What is the correct way forward? I’m getting conflicting advice, and I’d appreciate your professional insights.
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UHey, so ans in short is: you never know if there is going to be a single hearing or multiple hearings or even none for certain, especially on the basis of No. of cited marks.
If you are able to convince the registrar just by the reply itself there will be no need for a hearing, if not a hearing will be scheduled.
If they need some further evidence or formalities to be done they can adjurn the hearing to a later date, in the unlikely circumstance where the registrar gets changed, you will have to go through the arguments from scratch hence the need of multiple hearing arise.
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