{"id":6697,"date":"2021-09-07T10:17:18","date_gmt":"2021-09-07T00:17:18","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6697"},"modified":"2021-09-07T16:53:18","modified_gmt":"2021-09-07T06:53:18","slug":"withdraw-trade-mark-application","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/withdraw-trade-mark-application\/","title":{"rendered":"How To Withdraw a Trade Mark Application"},"content":{"rendered":"\n

There are many reasons why trade mark applicants withdraw their applications for trade marks prior to registration. There may have been a change in the direction of their business venture, or they may have made a mistake<\/a> in their trade mark application<\/a>, rendering it obsolete. Whatever the reason might be, the process of withdrawing your application is fairly simple since it only requires you to submit an application of withdrawal to IP Australia. To help you withdraw your trade mark application, this article provides a comprehensive outline of the process.<\/p>\n\n\n\n

1. Reconsider Withdrawing Your Trade Mark Application<\/h2>\n\n\n\n

While there are many reasons why you might wish to withdraw your application, it may be unnecessary. Trade mark registration is a costly process, and a registered trade mark itself is a valuable asset. As a trade mark owner, you will have the exclusive right to use, licence and sell the mark. Since trade marks can provide you and your business with additional income streams, you should consider these commercial opportunities before withdrawing your application.<\/p>\n\n\n\n

For example, if IP Australia approves your mark for registration, you may grant another business the exclusive rights to use your mark under a licensing agreement. As part of this agreement, you might include a clause that allows you to reap royalty fees from any sales made by the other business when using your mark.<\/p><\/blockquote>\n\n\n\n

For these reasons, you should reconsider whether it would still be of use to your business to allow the trade mark registration process to go ahead. You must understand that you cannot revive your trade mark application once you submit your application for withdrawal. Instead, your withdrawal is effective immediately upon IP Australia’s notice of your withdrawal.<\/p>\n\n\n\n

2. Who Can Withdraw Your Application?<\/h2>\n\n\n\n

It may seem like an obvious point to make, but only the trade mark applicant themselves can file to withdraw their application. This may be an issue in the instance where a trade mark application includes multiple owners.<\/p>\n\n\n\n

If more than one person filed your trade mark application, you would require the consent and signatures of each person on your withdrawal form. Without these signatures, IP Australia will not readily approve your application withdrawal.<\/p>\n\n\n\n

3. Filling Out the Withdrawal Form<\/h2>\n\n\n\n

If you nevertheless decide to withdraw your application, you should fill out the form to withdraw your trade mark application. By using the form, you essentially put into writing your clear intention to withdraw your application. This way, IP Australia is not in doubt as to whether to withdraw your application or go ahead with registering your trade mark.<\/p>\n\n\n\n

This form requires you to include:<\/p>\n\n\n\n