Understanding Trademark Status: Abandoned
In the context of the Indian trademark registration system, the status of “abandoned” indicates that the trademark application has been discontinued either by the applicant or by the Registrar. This status is typically granted when the applicant fails to take necessary action within a stipulated timeframe or neglects to respond to a notice of infringement of trademark registration.
As per the provisions of the Trade Marks Act, 1999, the Registrar examines trademark applications and issues examination reports highlighting objections or issues that need to be addressed by the applicant. The applicant must respond to these objections within one month of receiving the notice. Failure to do so may result in the Registrar rejecting the application.
In situations where the applicant is unable to overcome the objections raised by the Registrar, the Registrar may issue a notice explaining the reasons for the objection. The applicant must respond to this notice within two months. If the applicant fails to do so, the application is deemed abandoned.
What Should Be Done Next?
Once a trademark application is abandoned, it is removed from the official trademark list, and the applicant loses all rights to the trademark. It is important to note that abandoning a trademark application does not prevent an applicant from filing a new application for the same trademark. However, the new application will be reviewed independently based on its own merits through the same review process.
- Apply A Fresh Application: You can apply for a fresh Trademark Application by starting the process from scratch and paying relevant Govt Fees.
- Petition to Trademark Registry: You can apply for a petition to the Registrar of Trademarks within one month of the Abandoned Status, where if the Registrar is satisfied with the given cause of delay in response the Registrar can restore the application and the applicant can follow up from the last status.
- Appeal with Intellectual Property Appellate Board (IPAB): If the petition application was rejected the applicant can appeal to the decision with the IPAB within three months of the order of rejection to the petition, whatever decision the IPAB makes shall be considered final.
Trademark applicants should be vigilant in responding to examination reports and addressing objections raised by the Registrar within the stipulated time limits. Failure to respond within the prescribed timeframe may result in the abandonment of the trademark application, leading to the loss of trademark rights.
With over 35 years of service in the District Court of Odisha, I have witnessed and learned diverse range of cases while developing a deep understanding of the legal system. Having retired from my previous position, I now utilize my expertise to assist businesses and SMEs in managing and navigating matters related to Intellectual Property Rights and Tax Law.