Trademark Withdrawal

Registering a trademark grants you exclusive rights to it and protects it from unauthorized use. In some cases, Trademark Registration application may also be marked as "Withdrawn" in situations where you have filed an application for withdrawal of your Trademark Suo Moto or after Trademark Opposition filed by a Third Party after Accepted & Advertised status of your trademark application. Trademark Withdrawal can also be caused by Well-Known Trademark Owners asking you to withdraw your application owing to their grounds of Trademark Infringement.

If your trademark status is updated as withdrawn, you must be wondering, "What does the trademark application status withdrawn mean?" The process of withdrawing a trademark registration application allows you to withdraw your trademark application before it is registered. You can withdraw a trademark registration application after submitting it by filing a withdrawal request.

Reasons for Trademark Withdrawal

If you discover that your trademark is not acceptable to the registrar, you may withdraw your trademark application before the Hearing Officer. The TM Withdrawal can also happen after the Opposition filed by a Third Party on Accepted & Advertised Status caused by TM-O.

The Hearing Officer will review your withdrawal request and update the Trademarks Registry record accordingly. You will no longer have any rights to the trademark if you withdraw your trademark registration application.

Documents Required for Trademark Withdrawal

To file a Trademark Withdrawal Application, we will require Power of Attorney (POA)/ Authorization Letter to prepare the application of TM Withdrawal. Depending on the case, we shall require certain other documents and information to execute this effectively. It is important that you also file a copy of the same to the Opposition party if the same has been caused by them and you acted on it. If you have any such case, where you have decided to go with the TM Withdrawal, you can contact us, and our team shall help you to the best of our ability with the support of TM Agent/ Attorney.

Procedure for Trademark Withdrawal

At any time, a trademark application can be withdrawn. You can also do it on your own or by granting a power of attorney to a Trademark Agent/Attorney. A reasonable fee will be charged by a trademark attorney/agent for completing the trademark withdrawal process.

You can withdraw your trademark registration application by following these simple steps:

  • Preparing the Checklist
  • Filing Online Application
  • Filing of the E-Form
  • Filing Application in writing
  • Trademark Withdrawn

In addition, for trademark withdrawal, the applicant must provide the legal professional with the Trademark Application Number as well as a Power of Attorney. 

It is important to understand that a trademark can only be withdrawn during the registration process. After you have registered your trademark, you must apply for trademark cancellation. Withdrawal is not permitted after trademark registration.

Steps of Trademark Withdrawal

Step 1: Our TM Agent/ Attorney will contact you to obtain documents with a simple checklist. You must complete the checklist and submit it with your documents for processing. Our team will review the documents and process for the TM withdrawal.

Step 2: Once we have received all the necessary information and documents to support your trademark registration application, we will submit an online application for TM withdrawal to the Trademark registry. To be on the safe side, we will also send a written TM Withdrawal application to the Trademark Registry's address.

Step 3: The Trademark officer will verify the Trademark withdrawal application upon receipt, and if satisfied with the application, the Trademark officer will update the status in the Indian Trademarks Registry's website as "Trademark Withdrawn".

Features

  • If you withdraw trademark application, any rights you had to the trademark will be null and void, and the mark will be available for registration by another entity.
  • When an application is voluntarily withdrawn, the online application status on the Indian Trademarks Registry's website is marked as withdrawn.
  • When your TM Application has been opposed by any third party, and you want to withdraw your Trademark Application before its registration, the application may be withdrawn.
  • Withdrawal effectively means that the application has no effect, and the Applicant has suo moto applied for the withdrawal.
  • The applicant will be unable to use trademarks that have been withdrawn in any way.
  • Withdrawal effectively means that the application has no effect and is cancelled

At ant time, a trademark application can be withdrawal. You can also do it on your own or by granting a power of attorney to a Trademark Agent/Attorney. A reasonable fee will be charged by a trademark attorney/agent for completing the trademark withdrawal process

You can withdraw your trademark registration application by following these simple steps:

  • Preparing the Checklist
  • Filing online Application
  • Filing of the E- Form
  • Filing Application in writing
  • Trademark withdrawn

Difference Between Trademark Withdrawal and Abandonment

It's essential to distinguish between trademark withdrawal and abandonment:

  • Trademark Withdrawal: A voluntary action initiated by the applicant to retract an application.
  • Trademark Abandonment: Occurs when the applicant fails to take necessary actions, such as responding to office actions, leading to the application being abandoned by the trademark office.
  • While withdrawal is intentional, abandonment is often unintentional and can harm a brand’s ability to secure trademark rights in the future.

Have Queries? Talk to us!

  

Frequently Asked Questions

Trademark withdrawal is the formal process of removing a trademark application from consideration or canceling an existing trademark registration.

Reasons for withdrawal include a change in business strategy, finding a conflicting mark, or deciding not to proceed with the trademark for any reason.

To withdraw a trademark application, you typically need to file a written request for withdrawal with the relevant trademark office, following their specific procedures.

In most cases, there are no fees for withdrawing a trademark application, but it’s advisable to check the specific requirements of the trademark office in your jurisdiction.

Yes, you can withdraw a registered trademark by filing a request for cancellation with the trademark office, which will formally remove the trademark from the registry.

Once you withdraw your application, the trademark office will officially acknowledge the withdrawal, and the application will no longer be considered.

Yes, you can refile a trademark application after withdrawing it, but it's essential to ensure that the trademark remains available for registration.

If you change your mind after withdrawing, you may need to file a new application, and you should be aware of any potential conflicts with other trademarks.

Withdrawing a trademark application or canceling a registration means you lose any associated rights to that mark, making it available for others to use or register.

While you are not typically required to notify others, it may be good practice to inform any parties who may be affected, such as business partners or licensees.

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