How To Withdraw a Trade Mark Application

George Raptis

• 7 September 2021
• 7 September 2021
• 5 min read

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 in their trade mark application, 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.

1. Reconsider Withdrawing Your Trade Mark Application

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.

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.

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.

2. Who Can Withdraw Your Application?

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.

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.

3. Filling Out the Withdrawal Form

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.

This form requires you to include:

• your personal details, such as your name and address;
• the details of any other owners of the trade mark (if any); and
• the number of the trade mark application you wish to withdraw.

You can find the form for withdrawing your trade mark application online.

4. Submitting Your Application

Once you fill out the withdrawal form, you must then send it to IP Australia. You can do this by logging into IP Australia’s Online Services and submitting the form there. IP Australia will then ensure that the person who requested the withdrawal is in fact the same person who applied for the trade mark. You should also note that there are no additional fees involved when submitting your withdrawal.

If you have filled out your withdrawal application correctly, your withdrawal will take effect immediately upon IP Australia’s notice. IP Australia will then change the status of your application to ‘withdrawn’, and you cannot revive it for further use. This does, however, mean that other applicants are free to register a similar or identical mark to your own.

If, however, there is an issue with your withdrawal application, IP Australia will send you a letter stating why your withdrawal has not proceeded. In this instance, you might need to adjust your application to enable the withdrawal to proceed.

Key Takeaways

To withdraw your trade mark application, you must file a notice of withdrawal with IP Australia. You can do this by filling out the withdrawal application here and sending it to IP Australia via their online services. However, before you decide to withdraw your trade mark application, you should consider whether your business can nevertheless reap its commercial benefits. 

If IP Australia accepts your application, you can go on to licence or sell your trade mark to another business. Given the costs and time involved in trade mark registration, it would be wise to consider whether to keep your application live for IP Australia’s review. 

If you need help to withdraw your trade mark application, our experienced IP lawyers can assist on 1300 657 423.

Frequently Asked Questions