What to Do When Your Trademark Status Shows 'Abandoned' or 'Pending'

At various stages of the trademark application process, you may encounter the terms "Abandoned" or "Pending." These terms can leave you confused and unsure of what actions to take next. In this blog post, we will explain what these terms mean, why they occur, and what you should do if you encounter them during your trademark journey.

Understanding Trademark Status: 'Pending' vs. 'Abandoned'

Before we dive into the actions you should take when your trademark status shows as "Pending" or "Abandoned," it’s essential to understand what these terms mean.

1. Pending Trademark Status

When your trademark status shows as "Pending," it means that your application is still being processed by the Indian Trademark Office. The application hasn’t been approved or rejected yet, and it is awaiting further action. The trademark application goes through various stages, including:

Filing: When you submit your application.
Formalities Check: The Trademark Office verifies that your application is complete and meets the required criteria.
Examination: A trademark examiner reviews your application to identify any conflicts with existing trademarks.
Advertisement: If the examiner doesn’t raise any objections, your trademark will be published in the Trademark Journal.
Registration: Once your trademark is accepted, it is officially registered.

"Pending" can appear at any of these stages if the application is still being processed. It’s important to regularly monitor the status of your trademark application to ensure you are aware of any updates or issues.

2. Abandoned Trademark Status

An "Abandoned" status, on the other hand, means that the Indian Trademark Office has discontinued the processing of your application. This can happen for several reasons, including:

Failure to Respond to Objections: If you don’t respond to objections raised by the examiner within the specified time, your application could be abandoned.
Failure to File Documents: If you miss submitting required documents or fail to pay fees on time, your application may be abandoned.
Non-Compliance: If there is any non-compliance with the requirements set by the Trademark Office, your trademark application may be abandoned.

When your trademark status shows as "Abandoned," it means that you need to take immediate action to revive the application, or it could lead to a permanent loss of your trademark rights.

What to Do When Your Trademark Status Shows 'Pending'

If your trademark status shows as "Pending," there’s no need to panic. This simply means that your application is still under review, and you must continue monitoring its progress. However, it’s essential to know what steps you can take to help expedite the process or address any potential issues that may arise.

1. Track Your Trademark Status Regularly

The first thing you should do when your trademark status shows as "Pending" is to keep an eye on the status. The Indian Trademark Office provides an online tool where you can track your application status. Regularly checking your status will help you stay on top of any developments or updates.

Visit the Intellectual Property India website to track your trademark status using your application number.

2. Ensure You Have Responded to Any Objections

In many cases, a "Pending" status may mean that the application is awaiting a response from you. The Trademark Office may have raised objections during the examination process, and you are required to address these concerns within the specified timeline (usually 30 days). Common objections include:

Similarity with Existing Trademarks: The examiner may find that your trademark is too similar to an existing one, leading to a likelihood of confusion.
Descriptiveness: Your trademark may be too generic or descriptive of the goods or services.
Lack of Distinctiveness: Your trademark may not be unique enough to distinguish your products from others.

If you have received an objection, it’s crucial to respond within the given time frame. You can file a counter-statement and provide explanations or evidence to overcome the objections. Failing to respond can result in your application being abandoned or rejected.

3. Address Any Additional Documentation Requests

Sometimes, the Trademark Office may request additional documentation or information to support your application. If you’ve missed submitting any necessary documents, make sure to do so promptly. This may include providing proof of use, the power of attorney, or other supporting evidence.

4. Consult a Trademark Expert

If your trademark status remains "Pending" for an extended period or if you’re unsure why your application is stuck at a particular stage, it’s a good idea to seek expert advice. A trademark attorney or a trademark registration service can provide valuable insights into the process and help you navigate any challenges.

If you need professional assistance, Kaagzaat offers expert guidance for businesses looking to register their trademarks. With our Trademark Registration Service, we ensure that your trademark journey is smooth and free of unnecessary delays.

5. Be Patient

Trademark registration can take time, especially if there are objections or issues with your application. The Trademark Office might also be dealing with a large number of applications, which can contribute to delays. However, as long as your application is still "Pending," there’s a chance that it will eventually proceed to the next stage.

Make sure to monitor the status regularly and follow up if needed. Patience is key in this process, as it may take several months for the application to be examined, advertised, and eventually registered.

What to Do When Your Trademark Status Shows 'Abandoned'

If your trademark status shows as "Abandoned," it means that the Trademark Office has discontinued your application. However, all is not lost. In most cases, you can revive your abandoned trademark application by following the right steps.

1. Understand Why Your Application Was Abandoned

The first step in dealing with an abandoned trademark application is to understand the reason behind it. The Indian Trademark Office will typically issue a notice of abandonment explaining why the application was abandoned. The most common reasons include:

Failure to Respond to an Objection: If you did not respond to an objection raised by the Trademark Office within the stipulated time.
Failure to Submit Documents: Missing documents or late payments could cause your application to be abandoned.
Non-Compliance: If the Trademark Office found any discrepancies or issues with your application that were not addressed.

2. File a Revival Application

If your trademark application has been abandoned, you may be able to file a Revival Application to restore it. The Revival Application must be submitted within one year from the date of abandonment, along with the required fees. It’s important to act quickly to avoid losing your trademark rights.

You will need to:

Submit a request for revival to the Trademark Office.
Provide an explanation for the abandonment and show that you have addressed the issues that caused it.
Pay any applicable fees for the revival process.

3. Consult a Trademark Expert

Reviving an abandoned trademark can be a complex process, especially if there were objections or other legal issues involved. Seeking advice from a trademark expert or attorney is a wise step to ensure that the revival process goes smoothly and that all necessary steps are followed.

At Kaagzaat, we can help you through the process of reviving your abandoned trademark and ensure that you don’t lose your brand’s protection. Our team of experts is well-versed in trademark laws and can guide you through every step of the process.

4. File a Fresh Trademark Application (if Necessary)

If your application cannot be revived or if the time frame for revival has expired, you may have to file a new trademark application. This will involve starting the process from scratch, including conducting a trademark search, filing the application, and responding to any objections or oppositions.

While this may seem like a setback, it is often the best option if your trademark rights are at risk.

Conclusion

Dealing with a "Pending" or "Abandoned" trademark status can be frustrating, but it’s important to understand that these statuses don’t necessarily mean the end of your trademark journey. Whether your status is pending or abandoned, taking the right actions can help you move forward with the registration process.

For pending applications, it’s essential to monitor your status regularly, respond to objections on time, and seek expert advice if needed. For abandoned applications, you can file a revival application or submit a fresh application to regain your trademark rights.

If you’re unsure about how to proceed, don’t hesitate to contact Kaagzaat. Our Trademark Registration Service is designed to support you every step of the way, ensuring your trademark registration process is smooth and hassle-free.

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