Understanding Trademark Status: Withdrawn
The status of “withdrawn” in the Indian trademark registration system indicates that the applicant has voluntarily withdrawn their trademark application before the issuance of the examination report or the advertisement of the trademark in the Trademark Journal. This can be done by submitting a request with the Registrar under Section 12 of the Trade Marks Act, 1999, which should include the application number, date of application, and the applicant’s name and address.
If the trademark application is withdrawn before the examination report is issued, the application fee will be refunded, with a small processing fee deducted. However, if the examination report has already been issued, no refund will be given.
What Should Be Done Next?
Upon withdrawal of the trademark application, the applicant loses all rights to the trademark and cannot revive or resubmit the same application. However, the applicant may file a new application for the same or a similar trademark at any time. Hence once withdrawn following are a few remedies available to the applicant:
- 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- Petition to Trademark Registry: You can apply for a petition to the Registrar of Trademarks within one month of the Withdrawn Status, where if the Registrar is satisfied for the given cause that the trademark application has been withdrawn due to an error or mistake on the part of the applicant, the Registrar might restore the application.
- 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.
Difference between Abandoned and Withdrawn
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.
It is crucial to understand that withdrawing a trademark application is different from abandoning a trademark application. Abandonment occurs when the applicant fails to respond to an examination report or a notice of objection within a specified period, resulting in the Registrar rejecting the application. On the other hand, withdrawal is a voluntary act by the applicant to terminate the trademark application process.
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.