How to Withdraw a Trademark Application in India?

Once you have filed your trademark application, you can withdraw the same by filing an online request. Upon withdrawal, any rights that you had on the mark will become void, and the mark would be open for registration by another entity.

By registering your trademark, you get exclusive rights over the mark and also get protection against the use of the same by other parties. You would be able to use the mark in your official communication, marketing, and branding.

After applying for a trademark registration, it can easily take 18 to 24 months before you receive your registration certificate; and a lot can happen around that time – you could, quite simply, change your mind. If you feel that you would not be using your mark, you can withdraw your application. A second application is to be filed for withdrawal, and this can be done through online submission. However, note that withdrawal means that you would be relinquishing your rights, and other businesses can claim the same. Of course, in the case of a joint application, the withdrawal should be done by both the applicants, as in, the withdrawal application should be submitted jointly.

Process for withdrawal

Once the application has been withdrawn voluntarily, the online application status in the Indian Trademarks Registry’s Website will be marked as ‘Withdrawn’. Sometimes the application can also be withdrawn when the Hearing Officer or Trademark Officer has failed to accept the trademark. Withdrawal, effectively means that the application will have no effect, and is treated as cancelled.

In case of objection

When you file a trademark application, you could face an objection from the trademark officer during the examination stage; or an opposition from other parties when your trademark is advertised in the Trademarks Journal. When you receive a notice of objection or opposition, you are required to reply (with a counter statement) to the same within a stipulated period. Alternatively, you can also withdraw your application using the online withdrawal application form. Once the stipulated time eclipses and no response is given to the examination report or opposition notice, it would be assumed that you are not interested in carrying forward the trademark registration – this will lead to the abandonment of the trademark application. Usually, no extension is given.

Rectification and Cancellation of trademark

Once the trademark is registered, you cannot ‘withdraw your application’, per say. However, you can always choose to cancel your trademark. Removal of a trademark is governed under Section 47 of the Trademarks Act, 1999. In such a case, you can file a petition to the Trademarks Registry for – rectification of registration and to remove the registered mark from the marks register.

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