Where there are objections and a response to the examination report is submitted and the Registrar is still not satisfied with the contentions in support of allowing the mark, then a hearing shall be appointed. A hearing notice directing the proprietor/agent of the proprietor to attend a hearing to show cause why the mark should not be refused will be fixed.

During the hearing, it shall be the duty of the agent or the proprietor to convince the Registrar to allow the mark. One of the most common methods, for example, to prove distinctiveness is show usage of the mark in India so much so that the mark has ‘acquired distinctiveness.’

If the Registrar is convinced with the arguments, the mark shall be ordered to be advertised. Else the mark shall be refused.