Often, people get confused between terms like refusal, abandonment, and withdrawal, and they might not understand the differences and the importance of withdrawing an application. So, let’s dive in to understand these terms better and learn why withdrawal is an important option to consider.
Refusal of a Trademark
Refusal occurs when the trademark office rejects a trademark application after a hearing. This decision is typically based on the department’s dissatisfaction with the arguments and evidence presented by the applicant. A refusal does not mean the end of the road, as applicants often have the option to appeal against the decision or submit a revised application based on the feedback received.
Withdrawal of a Trademark Application
Withdrawal happens when an applicant decides to proactively cancel their trademark application. This is done by filing the withdrawal application with the trademark department. Withdrawal is a voluntary act, akin to a resignation, where the applicant chooses to discontinue the application process for various reasons, which may include a change in business strategy or a desire to avoid potential conflicts.
Abandonment of a Trademark
Abandonment is considered when the trademark office declares an application abandoned due to inaction by the applicant, such as not responding to correspondence from the office or failing to attend scheduled hearings. This non-response is viewed as a lack of interest or intent to proceed with the registration, leading to an administrative closure of the case.
KEY ADVICE FOR TRADEMARK APPLICANTS

It’s very important for those applying for a trademark to keep track of their application to avoid it being abandoned by mistake. If you decide that you don’t want to continue with your trademark application, you should not just stop responding to the trademark office. Instead, you should formally withdraw your application to keep things clear and under your control.
If you’ve given all your documents and evidence to the trademark office but feel they might not be convinced by your arguments, or if you realize you don’t have enough evidence to support your brand name, it’s wise to ask to withdraw your application before the office refuses it.
Think of it this way: withdrawing your application is like resigning from a job on your own terms, whereas having your application abandoned or refused is like being fired. Clearly, resigning is a better option. This keeps the end of your application process clean and intentional.
At Legal Terminus, we understand the importance of navigating the trademark process efficiently and effectively. Our team of experienced professionals can assist you or your organization in managing the complexities of trademark applications, ensuring compliance and strategic handling of any situation that may arise, from application to potential refusal or abandonment. Let us help you protect your intellectual assets with confidence.
This article is provided for informational purposes only and is not intended as legal advice. Legal Terminus is not responsible for any changes in laws or regulations that occur after the publication date of this article. For specific legal advice, please consult with a qualified attorney.
Regards
CS Shipra Mishra
(B. Com, LL.B, FCS, Insolvency Professional, Registered TM Agent)