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