How to Revoke Trademark Objection After Missing Deadline?

What does “Revoke Trademark Objection After Missing Deadline” mean?

Is it possible to revoke a trademark objection after missing the deadline?

Features of the Trademark Objection Revoke Process

• You can still take legal steps even if you missed the response deadline
• You might need to file a written explanation or formal request
• The Trademark office allows it only in certain situations, not in every case
• The Trademark Office makes the final decision
• You may need help from a legal expert or trademark lawyer

Benefits of Revoking a Trademark Objection After Missing the Deadline

• Retain Previous Work: Saves all efforts and steps already taken.
• Cost-Effective: Avoids filing a completely new application.
• Keeps Original Filing Date: Protects your priority in case of similar filings.
• Chance to Explain: Lets you present your case with supporting proof.
• Prevent Similar Marks: Stops others from registering similar trademarks.

Procedure to Revoke a Trademark Objection After Missing the Deadline

Key Steps:

• Check Trademark Status: Visit ipindia.gov.in and verify if the status shows “Abandoned”.
• Identify Reason for Delay: Determine whether illness, postal delays, or miscommunication caused the lapse.
• Consult a Lawyer: Trademark lawyers can guide you through drafting and submitting a strong revival petition.
• Prepare & File Petition: Your lawyer drafts a request with evidence and files it with applicable fees.
• Registrar Review: The Registrar evaluates your request and supporting documents.
• Hearing (if required): Be prepared to attend a hearing and present your explanation.
• Decision: If accepted, your application continues the process. If not, you must file a fresh application.

Documents Required to Revoke a Trademark Objection After Missing the Deadline

• Copy of Application and Examination Report
• Affidavit Explaining the Delay
• Revival Petition / Letter
• Proof of Delay (Medical bills, IT issues, etc.)
• Power of Attorney
• Payment Receipt

Limitations of Revoking a Trademark Objection After Missing the Deadline

• No Guarantee: Registrar has full discretion to accept or reject the petition.
• Strict Timelines: Missing any step may lead to rejection.
• Additional Costs: Legal and filing fees may apply.
• Repeated or Intentional Delays: Requests in such cases are less likely to succeed.
• Legal Complexity: Involves formal procedures and legal language.

Compliance Requirements

• Valid Reason: Your reason must be genuine and supported by proof.
• Process Compliance: All required legal steps must be followed correctly.
• Proper Documentation: Missing documents can result in rejection.
• Timely Action: Delay in filing the revival request can reduce your chances.
• Avoid Repeat Mistakes: Show that the delay was an exception, not a habit.

Conclusion

Suggested Read :

Trademark Objection Reply
What is a Trademark Public Search?
Trademark Hearing Process
Trademark Opposition Process
How to Register a Trademark?

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