Trademark Withdrawal

Overview

By submitting an online request, you can withdraw your trademark application after it has been presented. The mark would be available for registration by another party after withdrawal, rendering any rights you may have had on it null and void.

You can withdraw your application if you don’t think you’ll be using your mark. To withdraw from the contract, a second application must be submitted online. However, remember that withdrawal signifies the surrender of your rights; other companies may make a similar claim.

What is trademark withdrawal?

Before your trademark application is registered, you can withdraw it through the process known as the withdrawal of a Trademark Registration Application. By submitting an online request, you can withdraw your trademark application after it has been submitted. The mark would be available for registration by another party after withdrawal, rendering any rights you may have had on it null and void.

You can ask the Hearing Officer to withdraw your trademark application if you find out that the registrar will not accept your proposed trademark. The Hearing Officer will appropriately examine your withdrawal request and update the Trademarks Registry record. You will no longer possess any ownership rights in the trademark once you have withdrawn your trademark registration application.

Common reasons to withdraw trademark application

• Registering a trademark is protracted, and much could occur during that time.
• You’ve decided to close your company.
• You thought another brand, logo, or trademark was attractive.
• You want to use something other than the trademark they have applied to conduct business.
• Trademarks are registered alongside the products and services without any sincere or legitimate intent to use them.
• Five years have passed since the trademark’s registration date, and it is no longer in legitimate use.
• A registered trademark is used in a manner that misleads or confuses the public.
• Any person may request the cancellation of registration when a requirement listed in the Register of Trademarks is broken or disregarded.
• In the registration application, the owner has omitted or misrepresented any relevant information that, if properly disclosed, would not support the registration.
• A change in circumstances renders a registration invalid after it has been made.

Trademark withdrawal process

You can ask to have your trademark registration application withdrawn by following these easy procedures:

• Creating the Checklist – Gather all necessary documentation and a brief checklist. You must complete the list and submit it with the required paperwork for processing.
• Online Application Filing – After obtaining all information and supporting documentation for your trademark registration application, submit an online application.
• E-Form Submission – Submit an E-Form for TM withdrawal to the relevant Trademark registry.
• Submitting a written application – To be safe, mail a written application to the trademark registry’s address.
• Trademark Withdrawn – After reviewing the application, the trademark officer will update the status on the Indian Trademarks Registry’s website to reflect “Trademark Withdrawn.”

After effects of trademark withdrawal

• If you withdraw your trademark application, any rights you had in the mark will be void, and another party can register it.
• The online application status on the website of the Indian Trademarks Registry is changed to withdrawn when an application is voluntarily withdrawn.
• The applicant has suo moto requested the withdrawal, which means the application has no effect.
• The applicant will not be permitted to use trademarks that have been withdrawn.
• The application is effectively withdrawn and cancelled if it is made.
• The application may be withdrawn if a third party has objected to your trademark application and you wish to cancel it before registration.