A trademark application goes through several stages and status for trademark registration before it is registered. The application for trademark registration goes through multiple phases throughout the process, and the status of each of these phases is updated on the official IP India website. One such status is "refused", which means that the trademark is not going forward for its registration.

Why is the reason for the status of trademark application 'Refused'?

There could be a variety of reasons for refusal, such as:

• If the trademarks examiner is dissatisfied with the Applicant's response to the examination report, he may refuse the TM application after providing the Applicant with an opportunity for a hearing. Trademark refusal can be based on Absolute grounds, Relative grounds, or issues such as incorrect classification of goods/services, insufficient information about the Applicant, or the like. In cases, where none of the party appears from the trademark applicant side, the examiner can also marked it as Refused.

• The application may even show the status “Refused” after a third party successfully opposes the registration. It essentially means that your counter statement post TM-O and other hearings did not go in your favour for the trademark registration.

What should you do if your trademark is “refused” in India?

To understand the remedies available for refusal, one must first understand why the Trademark application was denied. To accomplish this, the Applicant must request a copy of the grounds for refusal of his trademark application. The Applicant may file a review petition after receiving such copy within 30 days of the refusal notice.

An application for review of a Registrar's decision is generally considered by the same officer who issued the contested decision. The Registrar of Trademark will decide whether to allow the trademark to advertise in the Journal after hearing from the parties.

One TM case involving the trademark application for the mark News Nation Networks Private Limited v. News Nation Gujarat & Ors, [2017 SCC OnLine Del 12698] was denied following the filing of the examination response and hearing. Following that, a review petition was filed within 30 days, explaining why the review was raised and why the application should be accepted. After a hearing, the mark was accepted and advertised published in the trademarks journal.

How can Compliance Calendar LLP assist you with the ‘Refusal’ order?

Trademark response filing, review petitions, and all other complex legal processes necessitate meticulous documentation and legal expertise to complete and overcome the refusal. The best approach would be to file the trademark examination response properly and accurately in order to satisfy the examiner and allow the application to be published. Even if the application is Refused, it is always recommended to seek the assistance of professionals to overcome the refusal while adhering to the timelines and advising the Applicant on the best and least time-consuming approach. We have many years of expertise and experience dealing with many such complex issues of Refused status for our clients' successful Trademark Registration. To talk to our IP Attorneys, contact us here. In the past also, we have helped various clients to get the trademark registered again even after refusal. To know your rights, do not hesitate to connect with IP team of Compliance Calendar LLP. Reach out to info@ccoffice.in