Written by Rahul Roy
Trademark Research Specialist • Verified IP Attorney
Overview of Trademark Hearing Adjournment
To request an adjournment for a Trademark Show Cause Hearing in India, the applicant or authorized trademark attorney must file Form TM-M under Rule 50(2) of the Trade Marks Rules, 2017 on the IP India e-filing portal (ipindiaonline.gov.in) at least 3 days prior to the scheduled hearing date. The filing requires payment of the prescribed statutory fee (₹900 for Individuals/Startups/MSMEs and ₹1,800 for Companies/LLPs) and must be accompanied by a formal petition stating bona fide grounds, such as counsel pre-engagement, medical illness, or ongoing settlement negotiations. Under Rule 50(2), an applicant is allowed a maximum of 2 to 3 adjournments, with each extension capped at 30 days.
When an applicant files a trademark application in India, the Trade Marks Registry conducts an initial examination. If the examiner raises objections under Section 9 (absolute grounds) or Section 11 (deceptive similarity / relative grounds), the applicant submits a written response. If the Hearing Officer deems the written reply unsatisfactory, the application is scheduled for a formal Show Cause Hearing before the Registrar of Trade Marks under Rule 33(4).
Historically conducted in physical hearing rooms across the five jurisdictional registry branches (Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad), hearings are now predominantly held online via Video Conferencing (VC). However, unavoidable emergencies frequently arise: key advocates face listing clashes before the High Court, business owners fall ill, or parties require additional time to execute a Trademark Coexistence Agreement.
Under Indian trademark law, you cannot simply skip the video conference or send an informal WhatsApp message to the hearing officer. Missing a scheduled hearing without a formally filed Form TM-M on record triggers the fatal status of “Abandoned” under Rule 33(4) of the Trade Marks Rules, 2017. This guide covers every nuance of drafting, filing, and tracking your hearing adjournment petition.
Statutory Framework: Rule 50(2) & Rule 115
The authority of the Registrar to grant an adjournment and the rights of the applicant to seek postponement of a trademark hearing are governed by statutory provisions in the Trade Marks Act, 1999 and the Trade Marks Rules, 2017:
“Rule 50(2) of Trade Marks Rules, 2017: If the applicant or opponent desires to obtain an adjournment of the hearing, he shall apply on Form TM-M accompanied by the prescribed fee at least three days before the date fixed for hearing... Provided that no party shall be given more than two or three adjournments and each adjournment shall not be for more than thirty days.”
1. Rule 33(4) • Opportunity of Being Heard
Section 128 of the Act guarantees natural justice: no adverse order refusing an application shall be passed without affording the applicant a reasonable opportunity of being heard. Rule 33(4) empowers the Registrar to issue a Show Cause Notice when written examination replies are inadequate.
2. Mandatory 3-Day Advance Filing Window
Rule 50(2) explicitly sets a statutory timeline of 3 working days before the hearing. This allows registry administrative clerks to tag the Form TM-M onto the electronic dossier, ensuring the presiding Hearing Officer has full visibility when preparing the daily cause list.
3. Cap on Number & Duration of Adjournments
To eliminate chronic administrative delays, the 2017 Rules restrict parties to a maximum of two to three adjournments per matter, with each extension strictly capped at a 30-day window.
Legitimate Grounds for Seeking Adjournment
Hearing Officers possess discretionary quasi-judicial powers under Section 128. They routinely grant adjournments when supported by cogent documentary evidence. The most widely accepted legal grounds include:
Advocate Pre-Fixed Court Listing
When the appointed Trademark Attorney (Form TM-48) has a conflicting, prior-scheduled physical or virtual appearance before the Supreme Court, High Court, or NCLT on the exact same date and time.
Procuring User Invoices & CA Certificate
When overcoming a Section 11 deceptive similarity objection under Section 34 prior use, the applicant requires additional days to procure certified sales invoices, advertisement records, or a CA turnover certificate.
Ongoing Coexistence / Settlement Talks
The applicant is actively negotiating an amicable resolution, Coexistence Agreement, or formal Consent Letter with the proprietor of the cited conflicting mark under Section 12.
Medical Emergency or Hospitalization
Sudden acute illness, surgical procedure, hospitalization, or bereavement in the family of the applicant proprietor or arguing trademark counsel.
Grounds Frequently Rejected by Hearing Officers
Filing Form TM-M does not create an automatic entitlement to postponement. Hearing Officers routinely refuse frivolous or dilatory applications that fail to establish genuine necessity:
Vague Claims of “Personal Engagement” or “Out of Town”
Merely asserting that the attorney is traveling without annexing flight tickets or an official court summons is considered insufficient cause.
Repeated Adjournments Beyond 2 Prior Grants
If the applicant has already obtained two prior adjournments, a third request without extraordinary circumstances (e.g., stay order from High Court) will be summarily dismissed on the bench.
Failure to Pay the Prescribed Statutory Fee
Submitting an informal letter via email without filing Form TM-M and generating an official CBR receipt has zero legal standing under Rule 50(2).
Form TM-M Statutory Government Fee Structure
The official government fee for filing Form TM-M for hearing adjournment is statutory and non-refundable. The fee structure depends on the applicant's legal constitution:
| Applicant Category | Eligible Entities | E-Filing Fee (₹) | Physical Filing (₹) |
|---|---|---|---|
| Individual / Sole Proprietor | Natural persons, solo founders, freelancers | ₹900 | ₹1,000 |
| Startup (DPIIT Recognized) | DPIIT recognized entity with certificate | ₹900 | ₹1,000 |
| Small Enterprise (MSME) | Micro & Small units with valid Udyam Registration | ₹900 | ₹1,000 |
| Others (Corporate / Large) | Partnership, LLP, Pvt Ltd, Public Ltd, Trusts | ₹1,800 | ₹2,000 |
Note: To claim the ₹900 concessional fee, MSME / Startup applicants must ensure their valid Udyam Registration or DPIIT Certificate is already attached to the primary application or annexed to Form TM-M.
Step-by-Step Filing on IP India Portal
Follow this procedural workflow to electronically file Form TM-M and ensure it reaches the presiding bench before the hearing cause list locks:
Log in with Class 3 Digital Signature (DSC)
Access the official e-filing gateway at ipindiaonline.gov.in. Connect your registered USB token, enter your User ID, password, and DSC PIN to enter the dashboard.
Select Form TM-M from ‘New Form Filing’
Navigate to New Form Filing → Form TM-M. In the dropdown selector for miscellaneous requests, select “Request for adjournment of hearing under Rule 50(2)”.
Enter Application Number & Fetch Record
Input your 7-digit trademark application number and select the respective Class. The system auto-populates the mark name, applicant name, and scheduled hearing bench.
Upload Adjournment Petition PDF & Sign
Attach your drafted, signed petition along with supporting proof (medical certificate or court causelist) as a searchable PDF (under 10MB). Affix your Class 3 DSC token signature.
Execute Payment & Download CBR Receipt
Complete the payment via Net Banking, Debit Card, or UPI on Bharatkosh. Immediately save the Central Book Receipt (CBR) containing your unique transaction reference.
Drafting the Adjournment Petition Format
A well-drafted adjournment letter establishes bona fides and ensures the Hearing Officer grants a favorable 30-day date. Your petition must include these essential clauses:
// OFFICIAL DRAFTING TEMPLATE: PETITION FOR HEARING ADJOURNMENT UNDER RULE 50(2)
BEFORE THE REGISTRAR OF TRADE MARKS, TRADE MARKS REGISTRY, [BRANCH NAME]
IN THE MATTER OF:
Trademark Application No. : [7-Digit Application Number]
In Class : [Class Number]
For the Word/Device Mark : “[TRADEMARK NAME]”
In the name of : [Applicant / Enterprise Name]
Scheduled Hearing Date : [DD/MM/YYYY at Time Slot]
APPLICATION FOR ADJOURNMENT OF SHOW CAUSE HEARING UNDER RULE 50(2)
MOST RESPECTFULLY SHEWETH:
1. That the above-captioned matter is scheduled for Show Cause Hearing before this Hon'ble Tribunal on [Date] through Video Conferencing.
2. That the Counsel / Applicant is unavoidably incapacitated from appearing on the scheduled date due to [Specific Genuine Cause: e.g., Conflicting fixed matter before Hon'ble High Court / Acute Medical Illness / Settlement talks under Section 12].
3. That this application is filed bona fide in terms of Rule 50(2) of the Trade Marks Rules, 2017 along with the prescribed statutory fee on Form TM-M.
4. That no previous undue delay has been caused by the Applicant, and this is the [First / Second] adjournment request in the present proceeding.
PRAYER:
It is therefore most respectfully prayed that this Hon'ble Tribunal may be pleased to adjourn the hearing scheduled on [Date] and re-list the matter on a convenient subsequent date.
Dated: [DD/MM/YYYY] Filed by: [Advocate / Agent Name (Code)]
Emergency Same-Day Adjournment & VC Mention
If an unforeseen crisis emerges within 24 hours of the scheduled video conference (preventing the 3-day advance filing), follow this critical protocol to prevent an automatic abandonment order:
1. Urgent Portal Filing of Form TM-M
File Form TM-M on the portal immediately, even if it is the morning of the hearing day. Having an official CBR receipt generated before the hearing roll call commences is vital.
2. Transmit Urgent Email to the Hearing Officer
Send an email to the official jurisdictional registry email (e.g., mumbai.tmr@nic.in, delhi.tmr@nic.in) and the specific Hearing Officer bench with the subject: “URGENT: Form TM-M Adjournment Mention - App No. [Number] - Listed Today at Item No. [X]”. Attach the CBR receipt and medical/emergency proof.
3. Make a Virtual Proxy Mention during Roll Call
Have a colleague, junior counsel, or proxy advocate log into the Cisco Webex video room when the cause list item is called out. The proxy should state on record: “Sir/Madam, Form TM-M seeking adjournment under Rule 50(2) has been filed vide CBR No. [X] today morning due to sudden illness of main counsel. Kindly grant a short date.”
Consequences of Non-Appearance & Abandonment
Ignoring a hearing notice or failing to file Form TM-M triggers severe statutory consequences under the Trade Marks Act:
Rule 33(4) Statutory Abandonment
If neither party attends the VC hearing and no adjournment is on record, the Registrar treats the application as abandoned for want of prosecution. The status updates to “Abandoned”, forfeiting your priority filing date.
Ex-Parte Statutory Refusal
Alternatively, the Hearing Officer may review the case file ex-parte and issue a formal order of “Refused” under Section 18(4) for failing to rebut Section 9 or Section 11 objections in oral argument.
Remedies: Review & Restoration of Abandoned Marks
If your trademark application has been marked abandoned due to an unavoidable missed hearing or technical glitch, Indian law provides robust statutory recourse:
1. File a Petition for Restoration under Section 128
Submit a formal Petition for Restoration / Re-hearing along with Form TM-M (Request for Extension / Miscellaneous Review) within 30 days of the abandonment order. Attach a sworn User Affidavit detailing the bona fide reason for non-appearance (such as non-receipt of hearing notice or medical incapacitation).
2. File a Review Petition under Rule 119 • Form TM-M
If an ex-parte refusal order was passed without giving proper notice, the applicant can file an application for review of the Registrar's decision under Section 127(c) within one month from the date of communication of the order.
3. High Court Commercial Appellate Jurisdiction
Under Section 91 of the Trade Marks Act, an appeal lies before the High Court (Intellectual Property Division - IPD) against any final refusal order passed by the Registrar. Learn more about how to restore an abandoned trademark.
Frequently Asked Questions
Q.What is the official procedure to request an adjournment for a trademark hearing in India?
To request an adjournment for a Trademark Show Cause Hearing in India, the applicant or authorized trademark attorney must file Form TM-M under Rule 50(2) or Rule 115 of the Trade Marks Rules, 2017 on the official IP India portal (ipindiaonline.gov.in). The filing must include a detailed application letter stating genuine, bona fide grounds (such as medical emergency, pre-fixed court matters, or ongoing settlement), pay the statutory government fee, and be submitted at least 3 days prior to the scheduled hearing date.
Q.What is the official government statutory fee for filing Form TM-M for hearing adjournment?
As per the First Schedule of the Trade Marks Rules, 2017, the official government e-filing fee for Form TM-M seeking hearing adjournment is ₹900 for Individuals, Startups, and MSME/Udyam registered enterprises. For other entities (Partnership firms, LLPs, Private Limited companies, and large corporations), the official e-filing fee is ₹1,800 to ₹2,000. Physical paper filings at the branch registry counter attract an additional surcharge.
Q.How many adjournments are legally permitted for a trademark show cause hearing?
Under Rule 50(2) of the Trade Marks Rules, 2017, a party is ordinarily permitted a maximum of two to three adjournments during the prosecution of a trademark application. Furthermore, each adjournment granted by the Hearing Officer shall not exceed thirty (30) days. Habitual or unjustified adjournment requests beyond the statutory limit are liable to be summarily rejected.
Q.How many days before the scheduled hearing date must Form TM-M be submitted?
Under statutory guidelines and standard operating procedures (SOPs) issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM), the adjournment application via Form TM-M must be filed at least three (3) working days prior to the date fixed for the hearing. This mandatory window ensures that the Registry staff can process the request, upload the entry onto the electronic file, and notify the presiding Hearing Officer before the daily cause list is locked.
Q.What happens if an applicant or attorney fails to attend the trademark show cause hearing?
If neither the applicant nor their authorized trademark attorney appears during the scheduled video conference (VC) roll call and no formal Form TM-M adjournment has been taken on record, the Hearing Officer will mark the application as 'Abandoned' under Rule 33(4) or Rule 50(3) of the Trade Marks Rules, 2017 for lack of prosecution, or proceed to refuse the application ex-parte on merits.
Q.Can I request an emergency same-day adjournment if a sudden medical crisis occurs?
Yes. If an unexpected emergency occurs on the hearing date (e.g., sudden severe illness or critical technical blackout), the attorney or authorized representative should immediately file Form TM-M on the IP India portal, send an urgent email marked 'URGENT: Hearing Adjournment Request' with the CBR receipt and medical proof to the jurisdictional Hearing Officer's official email, and log into the VC meeting briefly to make an oral mention on record.
Q.Can a trademark application be restored if it was marked 'Abandoned' due to a missed hearing?
Yes. If an application has been erroneously or unavoidably marked as abandoned due to non-appearance, the applicant can file a Petition for Restoration / Review under Section 128 of the Trade Marks Act, 1999 along with Form TM-M and a detailed User Affidavit within thirty (30) days from the abandonment order, establishing genuine sufficient cause for non-appearance.
Q.Is physical presence required at the Trade Marks Registry for show cause hearings in India?
No. Since 2020, the Trade Marks Registry conducts virtually all show cause hearings online via Video Conferencing (VC) platforms such as Cisco Webex. However, if an applicant specifically desires a physical in-person hearing or if the matter involves voluminous physical evidence, they can file a specific request via Form TM-M seeking a physical hearing bench.
Strategic Show Cause Hearing Representation
A Trademark Show Cause Hearing is the final, decisive stage to save an objected trademark from statutory rejection. While requesting an adjournment via Form TM-M buys critical time, effectively arguing your brand distinctiveness during the rescheduled video conference requires expert legal advocacy.
Our veteran IP litigators draft rock-solid adjournment petitions, appear before hearing officers across all five Indian trademark registries, and submit persuasive case law citations to secure trademark registration certificates. For deeper guidance on trademark prosecution, explore our resources on trademark hearing notice checklist, video conference hearing procedures, and how to overcome trademark objections.
Reschedule Your Trademark Hearing Today
Do not risk statutory abandonment under Rule 33(4). Deploy experienced trademark attorneys to file Form TM-M, secure a 30-day adjournment, and represent your brand before the Registrar.
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