TM Withdrawal | Transfer in Ownership of Trademark in India
Have Queries? Talk to CECL Experts
Have Queries? Talk to CECL Experts
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 In some cases, trademark registration application may also be marked as "Withdrawn" in situations where you have filed an application for withdrawal of your Trademark Suo Moto or after Opposition filed by a Third Party after Accepted &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 TM 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If your trademark status is updated as withdrawn, you must be wondering, "What does the trademark application status withdrawn mean?"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.
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.
To file a Trademark Withdrawal Application, we will require Power of Attorney (POA)/ Authorisation 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.
At any time, a trademark application can be withdrawn.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 ChecklistFiling Online ApplicationFiling of the E-FormFiling Application in writingTrademark WithdrawnIn 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.
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".
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.