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26 Jul, 2025
By Online Legal India
Published On 25 Jul 2025
Category Trademark
Trademark registration protects a brand’s identity and gives the owner exclusive legal rights. It helps businesses build trust and stand out in the market. However, there are times when an applicant may choose to withdraw the application. This could happen due to a change in business plans, legal disputes, or errors in the filing process. Knowing the correct procedure and legal consequences of trademark withdrawal is essential to avoid complications and ensure smooth handling of intellectual property rights. In this blog, you will learn about the trademark withdrawal in India.
Trademark withdrawal in India means the applicant voluntarily cancels their trademark application before it gets officially registered. This is done by filing a request with the Registrar, usually before the examination report is issued or the mark is published in the Trademark Journal. It is different from abandonment, which occurs when the applicant does not respond to objections or notices. Once the withdrawal is accepted, the status changes to "Withdrawn." The applicant loses all rights or priority claims, and fees are usually non-refundable unless withdrawn at an early stage.
Here are the key stages to withdraw a trademark application:
An applicant can withdraw the trademark application at any time after submission and before the issuance of the examination report. This is the earliest and most straightforward stage to request withdrawal. The Registrar does not raise any objection during this time, so the applicant does not need to explain the reason for withdrawal. The request must go in writing through Form TM-M.
Once the Registrar issues the examination report, the application enters the objection stage. If the report contains objections, the applicant gets a chance to respond. If the applicant decides not to continue, they can submit a written request to withdraw the application before the hearing takes place. The Registrar accepts the withdrawal and updates the application status accordingly. This avoids further proceedings or complications.
If the trademark application reaches the hearing stage, the applicant still holds the right to withdraw. During the hearing, the applicant can submit a withdrawal letter directly to the Hearing Officer. The Officer does not proceed with the matter further and records the withdrawal in the official system. The trademark application then changes to "Withdrawn" status. The applicant no longer holds any legal claim on the trademark from that date.
In some cases, the Registrar accepts the trademark application and publishes it in the Trademark Journal. If the applicant realises there is an issue with the application or no longer wants to register the trademark, they can still withdraw it. Section 19 of the Trade Marks Act, 1999, allows the Registrar to permit this withdrawal. The applicant must make a formal request before the issuance of the registration certificate. Once the mark receives registration, withdrawal is not possible.
Listed below are the reasons for trademark withdrawal in India:
Sometimes, the Trademark Registry accepts an application that does not meet the legal standards for registration. This may happen if the mark lacks distinctiveness or falls under absolute grounds for refusal. In such cases, the applicant can request withdrawal under Section 19 of the Trade Marks Act, 1999, to prevent invalid registration.
When the applicant discovers a trademark that looks or sounds similar to theirs in the same or related class, continuing with the application may lead to conflict. To avoid legal opposition or rejection, the applicant may withdraw the application early.
The Registrar issues an examination report after reviewing the application. If this report highlights strong legal objections, such as a lack of uniqueness or risk of confusion, the applicant may choose not to pursue the matter further and submit a withdrawal request instead of responding.
After the trademark is published in the journal, any third party can file a formal opposition. If the applicant receives such opposition and both parties settle the dispute outside the registry, withdrawal may form part of the agreement to resolve the conflict peacefully.
A trademark application must contain accurate information. If the applicant realises that the details are wrong, such as incorrect spelling of the brand, wrong class number, or wrong applicant name, they may withdraw the application to avoid future complications and then file a new one with corrected details.
If the company decides to change its brand name, shut down a product line, or merge with another company, it may no longer require the trademark. In this case, the applicant may withdraw the application as it does not serve any business purpose.
Trademark registration involves costs like legal fees, government fees, and hearing expenses. If the applicant cannot continue the process due to budget limitations, they may stop the procedure and withdraw the application to reduce the financial burden.
If the business discontinues the use of the brand linked to the trademark or switches to a new identity, the old trademark becomes unnecessary. The applicant may then withdraw it to keep the records clean and prevent future confusion.
Sometimes, the applicant may realise that the application includes wrong or misleading information, such as false use dates, ownership claims, or vague product descriptions. To avoid penalties or legal action, the applicant may choose to withdraw the application before it is examined or opposed.
The Registrar, after reviewing the application, may inform the applicant that the trademark is not eligible for registration. Instead of waiting for a formal refusal, the applicant may agree to withdraw the application voluntarily to save time and effort.
Listed below are the documents required for Trademark Withdrawal in India:
Here is the step-by-step process to withdraw a trademark application in India:
Step 1: Check Your Application Status
The applicant must first verify the current status of the trademark application on the IP India E-filing portal. The process to withdraw depends on the stage of the application. If the status shows "New Application," "Formalities Check Pass," or "Send to Examiner," then the withdrawal process follows a simpler route. If the application faces examination, publication, or opposition, a separate form and procedure apply.
Step 2: Select the Correct Withdrawal Form
The form depends on the application stage:
If the application does not face any objection, publication, or opposition, the applicant uses a simple letter of withdrawal through the “Miscellaneous Reply” tab on the e-filing portal. No fee is required.
If the trademark enters the journal or faces opposition, the applicant must file Form TM-M under the “correction or amendment” option. This form applies only when the application passes into the later stages. The form must include the correct reason for withdrawal, along with the applicant's details and trademark information.
Step 3: Prepare and Submit the Withdrawal Request
The applicant fills out the form with the required details, including the application number, trademark name, class, and reason for withdrawal. The applicant is required to digitally sign the form using their valid Digital Signature Certificate (DSC). If an agent files the request, a valid Power of Attorney must accompany the application. Submission happens online through the IP India portal.
Step 4: Pay the Prescribed Fee
If the applicant uses the Miscellaneous Reply option before opposition or objection, no fee applies. If the application requires Form TM-M (in case of publication or opposition), the government charges Rs. 900 for individuals, startups, or small entities. This fee must be paid online during submission. No refund is available once the form is submitted, even if the Registrar does not accept the withdrawal.
Step 5: Receive Acknowledgement
Once the form is submitted, the e-filing portal issues a digital Acknowledgement. This acts as proof that the Registry has received the request. The Acknowledgement includes a transaction ID and the date of submission. The Registry updates the internal records and assigns the request to the respective officer for review.
Step 6: Review and Decision by the Trademark Office
The assigned officer at the Trademark Office checks if the withdrawal request complies with the legal and procedural requirements. The officer verifies that the applicant has filed the correct form and that all mandatory details are present. If the form is complete and accurate, the officer forwards it for approval. If anything is missing or incorrect, the Registry may issue a deficiency notice.
Step 7: Status Update and Public Record
After approval, the Trademark Registry updates the status of the application to "Withdrawn" on the official portal. This status is reflected in the next Trademark Journal. No separate certificate is issued for withdrawal. The journal publication serves as official confirmation. Once published, the application is considered withdrawn, and no further action takes place unless a new application is filed.
Step 8: Effect of Withdrawal
When the Registry updates the application as "Withdrawn," the applicant loses all priority rights attached to the original filing. No claim or enforcement arises from a withdrawn application. If the applicant still wants to protect the mark, a fresh application must be submitted with a new date and fee. The withdrawal does not affect third-party applications for similar marks.
Here are the consequences of withdrawing a trademark in India:
Once you withdraw the trademark application, you lose all the rights attached to that filing. You cannot claim the original filing date or priority under any legal process. The application no longer holds any official or legal value.
A withdrawn trademark does not offer any legal protection. You cannot stop others from using the same or a similar mark. You also cannot initiate any legal action for infringement or misuse because your application is no longer valid.
After the withdrawal, the mark becomes open to the public. Anyone can apply for the same mark or a similar one. You do not hold any exclusive rights once the registry updates the status to “Withdrawn.”
The Trademark Registry changes the application status to “Withdrawn.” This update appears on the IP India portal and in the official Trademark Journal. It becomes a part of the public record. No separate withdrawal certificate is issued.
The government does not refund the application fee, even if the application is withdrawn before examination. The fee, once paid, remains with the Registry and cannot be claimed back.
If you wish to protect the same trademark again, you must file a new application. This new application starts from zero. You must pay the full government fee again and follow all legal procedures from the beginning.
In trademark law, the date of the first filing gives you priority over others. After withdrawal, this priority disappears. If another person files for a similar mark later, they may get preference unless you file again immediately.
The Trademark Journal publishes the withdrawal as a formal record. It acts as proof that the application no longer exists. This step helps inform third parties that the mark is open for reapplication.
A withdrawal can disrupt your business plans. If the brand is already in use or promoted, the lack of trademark protection can create risk. Competitors may exploit the gap and apply for similar marks.
You cannot restore or reopen the withdrawn application later. The decision is final. You also cannot use the same application number for any future action or legal claim.
Conclusion
Trademark withdrawal in India is a legal decision that impacts your brand rights and strategy. It is important to understand the process, reasons, and possible outcomes before proceeding. Withdrawal stops legal protection for the mark but gives you a chance to apply again if needed. Carefully review your business goals and future plans to ensure that the decision supports your long-term interests and avoids unnecessary complications. If you want to register or renew a trademark for your business, get help from Online Legal India.
The applicant must file a withdrawal request via the IP India portal. If no opposition exists, use the Miscellaneous Reply tab. If opposed, submit Form TM-M with the required fee and documents.
No fee is charged when filing through the Miscellaneous Reply tab. However, if the application is opposed, a fee of ?900 applies when submitting Form TM-M.
A registered trademark cannot be formally withdrawn. Instead, it may lapse by choosing not to renew it after 10 years from the registration date.
Essential documents include the withdrawal letter, power of attorney (if filed by an agent), a copy of the trademark application, and identity proof of the applicant.
All rights and claims over the withdrawn application cease. The trademark status updates to "Withdrawn" in the official records and may be published in the Trademark Journal.
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