trademark refused in india solutions

We often see status about trademarks being refused, this means now your application is processed and has completed all stages of prosecution and is refused. But is there anything we can do about it, let us understand what can be done.

First of all we need to figure out why our tradrmark is refused. There can be many reasons for refusal

  • Non attendance of hearing

  • Non submission of relevant documents

  • Non consideration of arguments

In order to revive the trademark we may appeal the trademark refusal, this appeal should be carefully drafted based upon the clear understanding of the reason of refusal.

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In order to appeal the refusal we need to file for review petition which shall be based on arguments against the grounds of refusal.

Generally complete grounds are not enlisted under the refusal notice, in order to proceed with review petition, the applicant must ask for the copy of grounds of refusal and accordingly draft review petition

The government fees for filing the review petition is Rs 2700. The review petition also have chances of acceptance and may lead to restoration or acceptance of the trademark application. The review petition shall be carefully drafted with emphasis on the legal grounds.

Further, the petition has to filed within 30 days of refusal of the application


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