“Abandoned” means the Trade Marks Registry has stopped processing your application because a step that was yours to take was not taken in time. It is not a decision that your mark is unregistrable. It is a procedural end, and that cuts both ways: the merits were never decided, but the filing date you had is at risk. Whether you can get the application back depends on why it was abandoned, how long ago, and whether the Registry gave you proper notice and a chance to be heard.
Start by opening the application on the IP India e-register and reading the correspondence and the order, if one was passed. The cause is usually there. If the abandonment followed an unanswered objection and you want the reply prepared as part of reviving the file, our trademark objection reply service drafts it and files it for you.
The missed steps that lead to abandonment
The Trade Marks Rules, 2017 and the Trade Marks Act, 1999 each tie abandonment to a specific missed step. Some say the application “may” be treated as abandoned, which leaves the Registrar a discretion; others say it “shall be deemed” abandoned, which happens automatically.
| Stage | Missed step | Time allowed | Provision | Wording |
|---|---|---|---|---|
| Formalities | Not fixing a deficiency the Registry notified | One month from the notice | Rule 31 | Treated as abandoned |
| Examination | No reply to the examination report | One month from receipt | Rule 33(4) | May treat as abandoned |
| Examination | Not appearing at the show cause hearing, with no reply on file | Hearing date | Rule 33(7) | May treat as abandoned |
| Opposition | No counter-statement to a notice of opposition | Two months from receipt of the notice | Section 21(2), Rule 44 | Deemed abandoned |
| Opposition | No evidence, and no statement that you rely on the counter-statement | Two months from receipt of the opponent’s evidence or intimation | Rule 46 | Deemed abandoned |
| Opposition | Absent at the adjourned hearing | Hearing date | Rule 50(3) | May treat as abandoned |
| Any stage | Agent withdraws or authority is revoked, and a foreign applicant gives no Indian address for service | Two months | Rule 18(4), (5) | Deemed abandoned |
| Any stage | Not remedying a default the Registrar has notified | Time in the notice | Section 132 | May treat as abandoned |
| After acceptance | Not completing registration after a notice of non-completion (Form RG-1) | 21 days, extendable by up to one month | Rule 52 | Treated as abandoned |
The most common real-world cause is the first examination report going unanswered, often because it went to an old email address or to an agent who is no longer acting. That detail matters later.
Can an abandoned application be brought back?
The Rules have no form called “restoration of an abandoned application”. The routes come from the Registrar’s general powers in the Trade Marks Act, 1999, and which one fits depends on what happened.
Review of the Registrar’s decision
Section 127(c) lets the Registrar review his own decision on an application. Rule 119 sets the procedure: an application in Form TM-M within one month of the decision, or within a further period of up to one month that the Registrar may allow on request, with a statement of the grounds for review. The Registrar can hear the parties and then reject or grant the review, with or without conditions. Grounds that tend to carry weight are concrete: the examination report or hearing notice was never received, it went to an address that was not the address for service, a reply was filed in time but not taken on record, or a hearing was held without the notice reaching you. File the pending reply or evidence together with the review request so the Registrar can act on it.
Extension of time
Section 131 allows the Registrar to extend the time for doing an act, if satisfied there is sufficient cause, and the extension can be granted even after the time has run out. Rule 109 caps such an extension at one month and requires Form TM-M. Two limits apply. The power does not cover a time “expressly provided” in the Act itself, and the two-month period for a counter-statement is fixed by section 21(2) of the Act. And there is no appeal from an order under section 131, so the request has to be persuasive the first time.
The right to be heard
Section 128 says the Registrar shall not use a discretionary power against an applicant without giving a hearing, if the applicant asks for one in time. Where the wording is “may treat as abandoned”, that is a discretion. If the order was passed with no notice and no opportunity to be heard, that is a point to raise in the review. Where review is not available or is refused, take legal advice on any other remedy; the facts of service are decisive.
Act quickly
The review window under Rule 119 is short, and under Rule 129 the Registrar may destroy the records of an abandoned application one year after it was abandoned. Even apart from the time limits, every week that passes is a week in which someone else may file a similar mark.
When filing afresh is the better route
A fresh application is often simpler and more certain than trying to revive the old one. It makes sense when:
- the review deadline has passed, or the cause was your own oversight with no service problem to point to;
- the old application had a weakness you would fix anyway, such as a wrong class, a vague specification, a logo you have since changed, or a descriptive element that drew the objection;
- the abandonment arose in a contested opposition you do not want to restart on the same footing.
The cost of refiling is the filing date. The new application stands in line behind anything filed in between. So before you refile, search the register for identical or similar marks filed after your original date. If one exists, the old application’s earlier date may be worth fighting for, and the decision between reviving and refiling changes. If you used the mark before the first filing, state the date of first use in the new application and keep the evidence ready; it may matter in any later dispute.
Protecting the mark while this is sorted out
- Keep using the mark and keep the proof. Dated invoices, packaging, website captures and advertising build the record that supports both a new application and any claim against a copier. The Act does not take away rights in passing off for an unregistered mark.
- Keep the โข symbol, not ยฎ. An abandoned application gives no registration, so ยฎ must not be used.
- Watch the Trade Marks Journal. If someone advertises a similar mark for related goods, you can oppose it within four months of advertisement, whether or not your own application is live.
- Fix the cause. Update the email and address for service on every pending application, and if you use an agent, confirm who receives Registry correspondence. Most abandonments start with a notice nobody read.
When the mark is ready to be filed again, our page on applying for trademark registration covers the new filing.
Frequently asked questions
Is an abandoned application the same as a refused one?
No. A refusal is a decision on the merits after examination or a hearing. Abandonment is a procedural end because a step was missed. That is why a fresh application for the same mark is usually possible after abandonment, while after a refusal the same objection may simply come back.
Will the Registry tell me before treating my application as abandoned?
The steps that lead to abandonment start with a notice or report, such as a deficiency notice, an examination report or a hearing notice, sent to your address for service. If that first notice goes unanswered, the next thing you see may be the abandonment itself, so an outdated email address is the usual weak point.
Does my official fee carry over to a new application?
No. A fresh application is a new filing with its own fee for each class.
Complianto (complianto.in), operated by Mentorcorp Private Limited, is a private consultancy and is not affiliated with any government body. We do not issue official documents. We charge a professional fee for application assistance and advisory services. Applicants can apply directly to the government without our fees via the official portals: MCA (mca.gov.in), Income Tax (incometax.gov.in), GST (gst.gov.in), MSME (udyamregistration.gov.in), FSSAI (foscos.fssai.gov.in), Startup India (startupindia.gov.in), and IP India (ipindia.gov.in).
This article is general information, not legal or tax advice.
