Trademark Application Refused, what is next? Let’s discuss it.
With the increasing curiosity in our country’s intellectual property rights, related interest is gradually accelerating.
Creating new government programs like SIPP (Start-ups Intellectual Property Protection) entices the young people in our nation away from traditional jobs and toward entrepreneurship and startups.
To register, a trademark application must go through several stages. Examining a trademark is one of these phases, which is essential for trademark registration. The trademark registration application goes through several stages during the entire procedure, and a status relating to each of these stages will update on the official India website. One such status is “refused,” which indicates that the trademark is ineligible for registration.
Why my Trademark application is showing the status ‘Refused’?
There might be many reasons for refusal:
- After giving the Applicant a chance for a hearing, the trademark examiner may only accept the application if he is pleased with the Applicant’s response to the examination report. The reasons for trademark refusal may be absolute, relative, or connected to the incorrect categorization of the goods or services, insufficient information about the Applicant, or something similar.
- The application may display the status Refused following a third party’s successful resistance to the registration.
- If the Applicant fails to attend the chamber hearing, his application might be Refused.
- The application may be rejected if the necessary documents are not provided.
What to do if a trademark is refused in India?
Knowing the reasons why the trademark application was rejected is necessary to comprehend the remedies that are accessible. The Applicant must request a copy of the rejection reasons for his trademark application to use them for this purpose. The Applicant may submit a petition for review after receiving such a copy and within 30 days of receiving the denial notification.
The Registrar may examine his judgment on an application submitted by the established procedure, according to Section 127(c) of the Trademarks Act, 1999. According to Rule 115, a request for the Registrar to review his decision must be made on Form TM-M within one month of the decision date or during a subsequent term not to exceed one month, as the Registrar may grant upon request. A statement summarizing why a review is desired must be submitted together with the review application.
The officer who made the contested decision will typically evaluate a request for review of a decision made by the Registrar. After providing the parties a chance to speak, the Registrar will decide whether to grant the application, enable the trademark to run advertisements in the Journal, or remain REFUSED.
How can Lawmitra help you in dealing with the REFUSAL order?
To complete the process and override the denial, meticulous paperwork and legal knowledge are required for trademark response filing, reviewing petitions, and all other complex legal procedures. The trademark examination response should be filed correctly and entirely to please the examiner and permit application publication.
It is always advised to seek expert assistance to override the rejection while sticking to the deadlines and notify the Applicant of the best and least demanding course of action.
For our clients’ successful trademark registration, the Lawmitra legal team has knowledge and experience dealing with numerous such difficult situations over a long period.
Conclusion
When it comes to getting the most significant legal support for online business trademark registration, you can rely on Lawmitra. Lawmitra, which has registered hundreds of trademark applications since its inception, would help your company at every stage of obtaining a registered trademark for your company. With us, every case receives the consideration it merits, and our finest attorneys will handle your case, prepare the required paperwork, and assist you at every step.
Disclaimer: The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state. The materials provided herein are solely for information purposes. No attorney-client relationship is formed when you access or use the site or the materials.
Tagged how to register a trademark?
Trademark Infringement
trademark infringement in india
trademark registration
