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July 25, 2016 Registrationwala

Abandoned of Trademark application

Trademark

Abandoned of Trademark application

When you file Trademark application for registration then it has to knock down several stages before it is finally registered. Of these stages, scrutinizing your trademark application is one of them where your application is checked by Registrar/Examiner. If Examiner finds that your Trademark is not distinctive or similar to some existing trademark, then he seeks some clarification or raises some queries from the applicant. These queries or clarifications are raised in the form of Objections as to the acceptance of application for registration.

But if you delay in filing the replay then status of your trademark will be shown as ďabandonedĒ. Besides this, there are some other reasons as well which may lead to abandon your trademark application which is as follows:

  • No response has been filed to an examination report.
  • Show-cause hearing has not been attended.
  • Counter statement has not been filed within 2 months from the receipt of notice of opposition.

One thing which must be understood that normally after receiving a trademark application by the trademark registry, the Registrar after examine the application make examination report and upload it on the website and donít despatch the examination report to the applicant. Now, the question arises is it mandatory to keep looking at the site to know the status? So, in this regard, there is a famous case of†Institute of Cost Accountants of India (ICAI)†vs.†The Registrar of Trade Marks, Mumbai & The Registrar of Trade Marks, Kolkata, wherein the Honourable Bombay High Court, in the year 2013, held that section 38(4) does not require the applicant to check the website from time to time. Therefore, it is wrong to presume that the applicant have knowledge of the uploaded examination report. The mere posting of letter on the site shall not be constituted as a communication.

How to avoid abandonment of trademark

In this case, one piece of advice should be that prevention is the best practice than the huge paper work in the event of abandonment of the trademark. ††

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