If you see your trademark status abandoned on the Indian Trademark Status website, that means you have not responded to the query or concern raised by the trademark registrar within the stipulated time period prescribed under the Trademark Act, 1999. An abandoned trademark application is no longer recognized or validated by any trademark registry office.
What is the meaning of Trademark Status Abandoned?
If your trademark status is abandoned, you must be having a question in your mind “what is the meaning of trademark application status is Abandoned”. Failure to respond to a trademark registration application within the allotted time may result in the trademark being abandoned.
The Indian Trademark Register shows the status of a trademark registration application that is no longer in use as abandoned. This usually happens when the applicant has not responded to the Trademark Registrar. It may also happen when renewing a trademark registration is not done.
Why a Trademark is Abandoned in India
If there is any objection to your trademark registration, the Trademark Examiner will issue a consolidated Examination Report and the status of your application will be shown as ‘Exam Report Issued’. Therefore, it is mandatory that you file your reply to the examination report within one month from the date of receiving the report or when you see the status on the trademark website, whichever is earlier. If you don’t respond in time, your trademark registration application will be “abandoned”. The application of the abandoned trademark is stopped then and will not proceed further.
Generally, your trademark registration application status will change to ‘Abandoned’ when you have not replied to the following within the prescribed time limit:
- Delay in replying to the examination report – You did not reply to the examination report within time.
- Delay in case of opposition – No Counter-statement was filed by you within two months of receipt of the objection.
- Delay in trademark renewal – You did no renew your trademark after 10 years of its expiration date
To put it simply, if proper follow-ups are not taken and replies are not filled within the prescribed time limit to process your trademark registration application, it might lead to trademark status as abandonment. Once your trademark application is abandoned, it is no longer valid and cannot lead to further process of registration.
2 Ways to clear Abandoned Trademark
A Trademark is your identity, and it is very important to protect it. Failure to take appropriate action may result in Trademark abandonment. However, there are ways to regain your trademark application.
If your trademark registration application has been abandoned but you still want to pursue trademark registration, you may be able to revive your application by filing a petition with trademark registrar:
- You can restore your trademark application by filing a form TM-13 or
- You have to file a fresh application in case your trademark is not registered by any other entity but shown as abandoned trademark on trademark registry website.
Bonus Tip: You can avoid abandoned trademark status of your application easily if you planned it advance. The trademark registration process in India is not a difficult task, its easy and straightforward. A few basic and simple steps may help you to avid abandoned status of your trademark registration. If you have not filed your trademark registration application yet, follow these 10 steps to avoid abandoned trademark status of your trademark registration application.
To avoid abandonment of your trademark, you must respond to reports or communications from registrars or examiners in a timely manner and keep track of your trademark registration process so that no information gets lost.
Can i use an Abandoned Trademark?
Wondering about using an abandoned trademark? Yes, you can use an abandoned trademark in India. The Trademarks Act, 1999 allows you to re-register and or restore an abandoned trademark or dead trademark. You can register a trademark that is showing abandoned or dead in trademark status by following the process. You can refile trademark application and obtain registration, but you have to follow the entire process of trademark registration.
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