How to Withdraw a Trademark Application in India?

Key Takeaways

• You can withdraw a trademark application in India at any time before registration by filing the appropriate request with the Trade Marks Registry.
• The withdrawal process depends on the application’s stage. Early-stage applications generally require a signed withdrawal letter, while published or opposition-stage applications may require Form TM-M.
• No government fee is payable for a simple withdrawal letter, whereas Form TM-M attracts a government fee of ₹900 for online filing by individuals, startups, and small enterprises.
• Once the Registry accepts the request, the application status changes to “Withdrawn,” and the application will no longer proceed to registration.
• Withdrawal does not entitle the applicant to a refund of the original trademark filing fee.
• After withdrawal, you lose the original filing date, but you can submit a fresh trademark application with corrected details or for a new brand, subject to availability.

What is Trademark Withdrawal?

Trademark withdrawal means voluntarily ending a pending application before the Registry examines, approves, and registers it. You may take this step at any point before trademark registration, though not once the Registry grants it. 

Section 19 of the Trade Marks Act, 1999, gives the Registrar separate authority to withdraw acceptance before registration. The Registrar may exercise this power where acceptance occurred in error or the mark should not proceed to registration.   

Why Do Businesses Withdraw a Trademark Application?

Common reasons a business withdraws a trademark application in India include:

• Incorrect trademark class: The selected class may not cover the goods or services offered by the business. The applicant may withdraw and submit a fresh application in the correct class.
• Duplicate trademark applications: A business may accidentally file the same mark more than once. It can withdraw the extra application to avoid duplicate records and costs.
• Rebranding or business name change: A company may adopt a new brand name, logo, or identity. The earlier application may then have no commercial value.
• Risk of infringement claims: A prior trademark owner may raise concerns about a similar mark. The applicant may withdraw the trademark application to reduce dispute risks.
• Incorrect applicant details: The application may show the wrong owner, legal entity, or address. The business can withdraw the application and file again with the correct details.
• Difficult examination objection: The Registry may raise an objection that the applicant cannot address effectively. Withdrawal may prove more practical than continuing with a weak response.
• Opposition from another party: Another trademark owner may oppose the published application. The applicant may choose withdrawal instead of continuing a lengthy opposition proceeding.
• Business or cost considerations: The company may stop offering certain products or services. It may also reduce its trademark portfolio to control legal and administrative expenses.

Can You Withdraw a Trademark Application at Any Stage?

You can withdraw a trademark application at any stage before the Registry grants registration. The exact route depends on how far the application has moved through the process. 

The table below shows whether withdrawal is allowed at each stage: 

Stage	Withdrawal Allowed?
Before examination	Yes, through a simple withdrawal letter
After the examination report or objection	Yes, before the hearing concludes
At the hearing stage	Yes, the applicant may still withdraw
After publication in the journal	Yes, a withdrawal letter must be filed via Form TM-M
During opposition proceedings	Yes, with notice to the opponent
After registration	No, you must file for cancellation

What is the Procedure for Withdrawal of a Trademark Application?

You complete the procedure for withdrawal of a trademark application online through the IP India e-filing portal (ipindiaonline.gov.in). Follow these steps to withdraw your application correctly:

Step 1: Check the Trademark Application Status

Visit the IP India trademark search portal and enter the application number. Check whether the status shows any of the following pending stages:

• Examination
• Hearing
• Advertisement
• Opposition
• Another pending stage 

The current status helps you decide whether to submit a signed withdrawal letter or file Form TM-M. This form is the prescribed trademark withdrawal option for miscellaneous requests and amendments. 

Step 2: Prepare a Trademark Withdrawal Letter

Prepare a signed trademark withdrawal letter that clearly requests the Registry to withdraw the application. Include these details:

• Trademark application number
• Trademark name or logo description
• Relevant trademark class
• Applicant’s full name and address
• Clear request for withdrawal
• Reason for withdrawal, where applicable
• Applicant’s signature or authorised agent’s signature

Note: An authorized trademark agent or advocate should also attach a valid authorization document where required.

Step 3: File the Withdrawal Request Online

Log in to the IP India e-Filing portal using the applicant’s or authorized agent’s account. Upload the signed withdrawal letter through the relevant Miscellaneous Reply option, where the portal permits this route.

Where the Registry requires a formal request or amendment, file Form TM-M and select the relevant purpose. Rule 37 of the Trade Marks Rules, 2017 permits an applicant to seek correction or amendment before registration through Form TM-M. 

Step 4: Submit Documents and Pay the Applicable Fee

Upload all supporting documents in the required format and verify the application number before submission. Pay the prescribed government fee of ₹900 for online filing if the selected TM-M request requires payment.  

Note: Form TM-M supports miscellaneous requests relating to trademark applications. Each TM-M filing should cover only one request.

Step 5: Track the Registry’s Decision

After filing, monitor the application through the IP India trademark search portal. The Registry may review the request and update the application record after it processes the submission.

Once the Registry accepts the request, the application status should show “Withdrawn.” 

Keep the filing acknowledgement and submitted documents for your records. This is because the official portal allows applicants to track application status and respond to examination requirements online.

Form for Withdrawal of Trademark Application in India

India does not use a single dedicated trademark withdrawal form for every case. The correct form depends on the stage of your application. 

The two routes work as follows:

1. Miscellaneous Reply (Letter of Withdrawal): Use this route when the application is pending without objection or opposition. This allows you to upload a signed letter and pay no government fee.
2. Form TM-M: Use this form when the mark is published or under opposition. Choose the correction or amendment option and pay the prescribed fee. 

While the Registry does not prescribe a fixed trademark withdrawal letter format, your letter must still include:

• Application Number
• Class
• Mark Name
• Applicant Details
• and a Clear Reason

A signed Power of Attorney must accompany the letter when an agent files on your behalf.

Trademark Withdrawal Fees

The trademark withdrawal fees depend on the route your application follows. The fee structure works as follows:

• Miscellaneous Reply route: The Registry charges no government fee for a withdrawal letter at this stage.
• Form TM-M route: The fee is ₹900 for online filing by individuals, startups, and small enterprises.

Note: The earlier filing fee paid for Form TM-A is not refundable after withdrawal.

What Happens After You Withdraw a Trademark Application?

Once the Trade Marks Registry accepts the withdrawal request, the following legal and practical effects apply to the pending application:

• Your application ends: The Registry stops processing the trademark application after it accepts the withdrawal request.
• You lose the filing date: You cannot rely on the original application date as a priority date for a future filing.
• You receive no registration rights: A pending application does not create statutory trademark rights. Only registration grants statutory rights under the Trade Marks Act, 1999.
• The record remains public: Anyone can view the application and its “Withdrawn” status through the Trade Marks Registry database.
• Others may apply for the mark: Another person may apply for the same or a similar mark. The Registry will examine that application independently.
• You may file again: You can file a fresh trademark application after withdrawal. However, the new application will receive a new application number and filing date.

Trademark Withdrawal vs Abandonment vs Refusal

Trademark withdrawal, abandonment, and refusal can each close a pending trademark application. However, they differ in who initiates the outcome and why the application ends. The table below explains the key differences between these three outcomes:

Factor	Trademark Withdrawal	Trademark Abandonment	Trademark Refusal
Meaning	The applicant voluntarily ends the pending trademark application.	The application closes because the applicant does not complete a required action within the prescribed time.	The Registrar rejects the application after examining the mark or hearing the applicant.
Who initiates it?	The applicant initiates the withdrawal of the trademark application in India.	The applicant’s inaction leads to abandonment.	The Registrar issues the refusal order.
Common reason	The applicant identifies an error, changes the brand, or decides not to continue.	The applicant misses a reply, hearing, document, or other procedural deadline.	The mark lacks distinctiveness, conflicts with an earlier mark, or fails to meet legal requirements.
Can the applicant avoid it?	Yes, the applicant can continue the application instead of choosing trademark withdrawal.	Yes, the applicant must meet each deadline and respond to Registry notices on time.	Sometimes. The applicant may submit a proper reply, attend the hearing, or provide supporting evidence.
Effect on the application	The application ends voluntarily and does not proceed to registration.	The Registry treats the pending application as abandoned due to default.	The Registry closes the application after issuing a rejection order.
Can the applicant file again?	Yes, the applicant may file a fresh application, but will receive a new filing date.	Yes, the applicant may file a fresh application, subject to trademark availability.	Yes, the applicant may file again after addressing the reasons for refusal.

Common Mistakes to Avoid When Withdrawing a Trademark Application 

Applicants often make avoidable errors during withdrawal that cause delays or later regret. Avoid these common mistakes during trademark withdrawal:

• Withdrawing too soon: Consider an amendment or a strong reply before you drop the application.
• Filing an incomplete request: Add the application number, class, and reason to prevent rejection.
• Ignoring a pending opposition: Send a copy to the opponent when the mark is under opposition.
• Expecting a refund: Remember that the Registry does not return the filing fee you paid.
• Delaying a refile: File your corrected application early to avoid losing the mark to others.

If you want to withdraw a trademark application without errors or delays, RegisterKaro can handle the complete filing process for you. Our team can prepare the withdrawal letter, file the correct form, and manage the submission on the IP India portal. 

Contact us today to complete your trademark withdrawal smoothly and ensure proper compliance in India!

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