Securing your brand name is one of the first challenges that every entrepreneur faces during Trademark Registration. “Abandoned” in the process of trademark registration means, you did not either file reply to the examination report/ attended show cause hearing for the Trademark Objection or during opposition, you did not file Counter Statement if your trademark application has been opposed.
Ideas are what drive any business, and it is critical to protect them before they are copied. Choosing a name, logo, or even a tagline that distinguishes your brand from others in the market is a difficult task as there are Various Stages of Trademark Registration Status before you received the Trademark Registration Certificate.
Before you start any business, you must have your brand name registered. It serves as your company's identity and provides exclusive rights for its protection. Trademark registration grants you legal rights that you can use in the event of infringement.
A trademark is the identity of any company or business, and it is important to protect it. If proper actions are not taken, the trademark may be abandoned. However, there are methods for regaining the same.
What is an Abandoned Trademark?
An abandoned trademark is one that has not been used for an extended period of time or that the owner no longer uses. There are numerous reasons why a trademark status changes to 'abandoned’.
THE FOLLOWING ARE SOME OF THE MOST COMMON GROUNDS:
Delay in replying to the examination report
If the Trademark Registry discovers a problem with the application, an examination report is sent to the applicant with TM Objection under section 9/11 and in some cases TM-M may also be required to be filed. Failure to respond to the report or failure to attend the hearing sessions may result in the loss of your mark and trademark status is changed to Abandoned.
Delay in trademark renewal
A trademark registration is valid for ten years after which the owner must renew his or her trademark. If the person fails to trademark renewal after one year, it is likely to be abandoned.
Delay in the event of opposition
When a trademark application is opposed, it must be countered with a statement explaining why the mark is distinctive.
The time limit for filing a counter statement is two months, after which the trademark of the concerned applicant becomes abandoned.
How to Register an Abandoned Trademark?
Several businesses or entrepreneurs wish to stick with a single trademark for the duration of their operations. If the trademark has been abandoned, you must claim it before anyone else does:
- To re-register an abandoned trademark, you must first conduct a thorough trademark search to ensure that it is not currently in use.
- If the abandoned trademark is already in use or registered by someone else, you must conduct your due diligence before filing a new application TM-A.
Final Thoughts on Abandoned TM
It has been found that many entrepreneurs think that having an abandoned status means, they cannot apply the trademark application again. However, it is important to note that you can always file a fresh TM Application if your status is Abandoned and make sure you Reply to Trademark Examination Report or notices sent by the registrar or examiner for Opposition on time and keep track of the entire registration process so that no information is lost. To file a fresh Trademark Application, you may contact us.
