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Student CA CS ICWA (student)     23 March 2017

Tm application - abandoned

I have made one trademark application but abandoned order was passed by department because failed to file TM Examination Report. So can i re-open the same trademark application once abandoned order was issued by dept.???

If Yes, Can anyone guide or provide me the details about how to re-open the abandoned application.???

Thanks in Advance.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 March 2017

Once a trade mark registration appication is submitted and examined by a trade mark officer, a trade mark examination report is sent to the trade mark applicant or person authorised by the trade mark applicant. The trade mark examination report is also put up on the trade mark office website along with details of the trade mark application. The applicant or the authorised agent then has a chance to submit a reply to trade mark examination report with rebuttal, if there is an objection by the trade mark examiner. The response is then considered and if the objections can be waived on the basis of the applicant's response. The trade mark application is accepted for registration and the trade mark is published in the trade mark journal.

Student CA CS ICWA (student)     24 March 2017

Sir,

Please let me know that "Is Abandoned Application to be re-open or Not as per new TM Rules 2017 ???"

Archit Agarwal   07 September 2017

No, You can not re-open the Trademark Application as there is a  word 'Abandoned' means that your Application is rejected. Although, you can raise a Ticket on IP india. By sending them a Mail. If they found your query Ligitimate then there is a chance that they can re-open your Application or else you can apply for a fresh Trademark Registration Application


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