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What is the meaning of trade mark application status “Refused”?

Posted by Archana Srinivasan on Tue, Dec 16 2014 19:41:00

The trade mark status in the Indian Trade Mark Registry website shows as “Refused” when the Registrar/Examiner has refused a trade mark application after considering or hearing the applicant’s response to an examination report. The trade mark status could also show as “Refused” pursuant to a successful opposition by a third party against the registration of the trade mark. Effectively, the trade mark application is not in force. 

Where a trade mark has been refused, Section 91 of the Trade Marks Act provides for an appeal to be filed with the Intellectual Property Appellate Board (IPAB) within 3 months.

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