Trademark Status Refused? Here is What to do Next

Trademark Status Refused in India? Don’t risk your brand. Know what to do if trademark is refused, reasons for refusal, and legal solutions that work.

If you’ve recently checked your trademark application and noticed the dreaded status: “Trademark Status Refused”, don’t panic. Many applicants in India encounter this situation. Understanding why your trademark was refused and what to do next can help you save your brand identity.

In this detailed guide, we’ll cover:

• What does “Trademark Status Refused” mean?

• Common reasons for trademark refusal under the Trade Marks Act, 1999

• What to do if your trademark is refused in India

• Legal remedies available to trademark applicants

• Tips to avoid refusal at the initial stage

What Does Trademark Status Refused Means?

When the status of your trademark application shows “Refused” on the IP India Trademark Registry website, it means the Registrar of Trademarks has rejected your application after examination or hearing.

This status appears after you’ve filed a trademark application, and it has gone through the examination process under the Trade Marks Act, 1999.

Key Point:

“Refused” is not the same as “Abandoned” or “Withdrawn.” It’s an active refusal from the Trademark Registry.

Common Reasons for Trademark Refusal in India

The Registrar may refuse a trademark application under Section 9 or Section 11 of the Trade Marks Act, 1999. Here are the most frequent grounds:

1. Absolute Grounds for Refusal (Section 9)

These relate to the nature of the mark itself.

• The trademark is generic, descriptive, or non-distinctive

• The mark lacks any distinctive character

• The mark is common to trade or industry

• The mark could deceive or confuse consumers

• The mark contains offensive or prohibited words or symbols

2. Relative Grounds for Refusal (Section 11)

These relate to conflict with existing trademarks.

• The trademark is identical or deceptively similar to an already registered trademark in the same or similar class

• The mark is likely to cause confusion among consumers

• There’s a likelihood of association with an earlier trademark

3. Failure to Respond to Examination Report

If the applicant fails to file a proper reply to the Examination Report or does not attend the hearing, the Registrar may refuse the application.

4. Insufficient Evidence of Distinctiveness

If your mark was objected to for being descriptive or generic, and you fail to provide sufficient evidence of acquired distinctiveness or prior use, the Registry may refuse the application.

What to Do if Trademark is Refused India?

If your trademark is refused, you still have remedies under the Trade Marks Act, 1999.

Here’s a step-by-step guide on what to do if trademark is refused in India:

Step 1: Review the Refusal Order

Download and carefully read the Refusal Order or Hearing Officer’s Decision from the IP India website. Identify the exact grounds of refusal:

• Section 9 refusal?

• Section 11 refusal?

• Both?

Step 2: Consider Filing a Review Petition (Optional but Time-Bound)

You have the option to file a Review Petition before the Registrar under Rule 119 of the Trade Marks Rules, 2017, but only within 30 days from the date of refusal.

The Review Petition allows you to present additional evidence or legal arguments for reconsideration.

Step 3: File an Appeal Before the Intellectual Property Division (IPD) of High Court

If the Review Petition fails or you wish to bypass it, you can file a Statutory Appeal before the Intellectual Property Division (IPD) of the concerned High Court (typically the Delhi High Court for Indian TM matters).

Under Section 91 of the Trade Marks Act, 1999, you must file the appeal within 3 months from the date of refusal.

The High Court will then re-evaluate the merits of your case.

Step 4: Consider Re-filing the Trademark Application

If you believe that the original trademark was weak or had fundamental issues, you may consider re-filing a modified version of the trademark with a stronger defense and better documentation (like prior use evidence, brand reputation, sales figures, etc.).

This is especially useful in cases where the Registry raised objections under Section 9(1)(b) (descriptiveness or lack of distinctiveness).

Remedies Available Under the Trade Marks Act, 1999