Trademark Application Status: Abandoned v/s Refused

Your trademark can be Abandoned when you delay the reply to the Trademark Registry orders within the allocated time slot. While, A trademark can be Refused even after a court hearing in case of objection, opposition or based on the different grounds of Refusal.

The trademark examiner issues a consolidated examination report (shown as status ‘Exam Report Issued’) if he/she has any objections about the mark or any details. 

Therefore, 

It is important to reply to the examination report within one month from the date of issuance failing which your trademark can also be ‘abandoned’

‘Abandoned’ Trademark Status 

Your trademark application status can change to ‘Abandoned’ when you have not replied to the following within the prescribed time limit.  

  • No hearing was attended by the applicant in case of objection raised by the examiner. 
  • Counterstatementwas not filed within two months from the receipt of an opposition. 
  • If, the trademark is not renewed after ten years of its expiration.
  • If, you do not use the trademark commercially for five consecutive years.  

abandoned trademark

What can be done?

In case your trademark status is ‘Abandoned’ then – 

  • You can restore it by filing a form TM-13
  • You have to file a fresh application in case your trademark is not registered by any other entity. 

‘Refused’ Trademark Status 

It is not necessary that every trademark application gets registered successfully. There are times when the status of your application might reflect as ‘Refused’

The examiner can refuse the trademark application post receiving a reply to the examination report or hearing in the court due to his/her dissatisfaction. 

A successful opposition from a third party against the applied mark can also result in refusal of your trademark. Also, a trademark can be refused on different grounds mentioned in Section 9 and 11 of The Trademarks, Act, 1999. 

refused trademark status

What can be done?

According to Section 91 of the Trademarks, Act, 1999, an appeal can be filed to the Intellectual Property Appellate Board within three months from the date of refusal of the trademark.


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