Trademark status refused means that the Trademark Registrar has refused to register your trademark either under Section 9 or Section 11 of the Trademarks Act, 1999. If your trademark status is refused, you must be having a question in your mind “what is the meaning of the trademark application status is Refused”.
Not all trademark registration application gets registered. You may also see the status of your trademark registration application as “refused”. In many cases registrar of the trademark refused registration.
Trademark Status Refused – Grounds for Refusal
The trademark status on the IP India Public Search website shows as “Refused” only when the mark is deceptively similar to an existing trademark or under successful opposition by a third party against the registration of your trademark. You may check the trademark examiner report of the grounds for refusal on the IP India Website.
What to do if the Trademark is Refused in India
According to Section 91 of the Trademarks, Act, 1999, you can appeal before the Intellectual Property Appellate Board (IPAB) within three months from the date of the refusal of your trademark registration application. Your trademark registration may also be refused even after a hearing by IPAB in case of strong objection. You may also hire a legal professional to defend your trademark registration successfully to get it cleared.
Section 127(c) of the Trademarks Act, 1999 gives the Registrar the power to review his decision on an application made in the prescribed manner on form TM-M. The review application by the applicant is to be filed with a statement setting out the grounds on which the review is sought.
While applying for Trademark registration, you should follow these Steps to avoid getting your Trademark Status Refused.
How to Clear Refused Trademark (Way 1)
First of all, you should do a detailed research why your trademark should be registered. Collect all the evidence and prepare a reply to file a counter-statement to the objection with trademark registrar.
You should file your counter-statement to the objection within 2 months from the date of receipt of the notice of refusal or when you see the trademark status refused in trademark status website.
If you do not file an objection within 2 months, your trademark registration application status will change to Abandoned.
How to Avoid Refusal of Trademark Registration? (Way 2)
You must prepare a unique mark or make changes to the application carefully to avoid refusal of the trademark registration. Your brand name, logo, or mark must be different from those who are already registered or in the process of registration.
If you copy a registered trademark or are under the process of registration or if it’s an offensive mark, your application will automatically be discarded by the registrar.
You should not use a descriptive brand for your product and avoid using obscene marks. Your trademark should not have harsh, offensive, provoking words or slang as it will be rejected by the registrar.
You can avoid refusal of your trademark registration 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 refusal of your trademark registration. If you have not filed your trademark registration application yet, follow these 10 steps to avoid refusal of your trademark registration application.
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