Can a person reapply for a Trademark application that has been withdrawn?

Introduction

Trademarks are vital assets for businesses as they help to distinguish their products and services from those of their competitors. Trademark registration is a legal process that provides exclusive rights to the owner to use the trademark for their products or services. However, sometimes a person may need to withdraw their Trademark application for various reasons. In such a scenario, the question arises whether they can reapply for a Trademark application that has been withdrawn. In this blog, we will answer this question and also discuss the process for trademark reapplication.

What is trademark withdrawal?

Trademark withdrawal refers to the process of voluntarily giving up the application for trademark registration before it is approved by the trademark office. There could be several reasons for withdrawing a trademark application for the trademark registration. Some of the common reasons are:

1. Administrative errors: The applicant may have made an error in the application, such as providing incorrect information or not complying with the formalities of the application process.

2. Opposition from third parties: A third party may have raised objections to the application, which the applicant may not be able to overcome.

3. Trademark infringement: The applicant may have discovered that their proposed trademark is similar to an existing trademark, which could lead to a claim of infringement.

4. Financial considerations: The applicant may have decided that the cost of pursuing the application is too high, and it’s not financially feasible to continue with the application.

Can a person reapply for a Trademark application that has been withdrawn?

Yes, a person can reapply for a trademark application that has been withdrawn. However, they need to make sure that they have rectified the reasons for withdrawing the previous application. For example:

• If the application was withdrawn due to administrative errors, the applicant can reapply for the trademark.
• If the application was withdrawn due to opposition from third parties or trademark infringement, the applicant should carefully consider their options before reapplying.
• If the withdrawal was due to financial considerations, the applicant can reapply if they have resolved their financial concerns.

What is the process for trademark reapplication which has been withdrawn?

The process for trademark reapplication is similar to the process of filing a new application for a trademark. The person needs to file a new application and provide all the required information and documents. The following steps need to be followed:

1. Conduct a Trademark Search: The person needs to conduct a trademark search to ensure that the trademark is not already registered or in the process of registration by someone else.

2. Prepare the Application: The person needs to prepare the application and provide all the required information and documents.

3. Submit the Application: The person needs to submit the application along with the required fees to the trademark office.

4. Examination: After submitting the application, the trademark office will examine the application and determine if it meets the requirements for trademark registration.

5. Trademark Publication: If the application for the trademark is accepted, the trademark will be published in the trademark journal.

6. Opposition Period: After publication, the trademark is open for opposition by the public for a period of 4 months. If there is no opposition, the trademark will be registered.

Conclusion

In conclusion, withdrawing an application can be a wise decision if the applicant is facing objections or if the applicant has decided not to pursue the trademark registration process. However, if the applicant changes their mind and wants to reapply for a trademark application, they or can do so by addressing the reasons for Trademark withdrawal, preparing the necessary documents and information, and paying the requisite fees for filing the application. It is important to note that the process for trademark reapplication is the same as the original trademark registration process.