A Trademark Withdrawal Letter is a written request that an applicant submits to the Trademark Registry in order to voluntarily withdraw a trademark application that they made. There are many reasons why a trademark application may need to be withdrawn; this could be due to a change in branding strategy, a settlement (lawsuit or otherwise), or mistakes made while filing.
This blog will detail when you may need to withdraw a trademark application, how to write a proper letter of withdrawal, and also provide some follow-up suggestions in case of inspiration, as well as a generic format from which to reference.
Introduction
Registering a trademark is an important step for protecting a brand’s identity. However, not every trademark application goes through till registration. Sometimes, applicants may want to withdraw a trademark application they have already submitted, either because they have changed the brand name, found a conflicting trademark, or reached a legal understanding with another party.
In such cases, a formal trademark withdrawal letter must be submitted to the Office of the Controller General of Patents, Designs and Trademarks. This letter informs the Registrar that the applicant no longer wishes to proceed with the application and requests that the record be closed.
When is a Trademark Withdrawal Letter Required?
You may need to withdraw a trademark application in situations such as –
- Change in branding strategy – the business decides to use a different name or logo
- Error in filing – incorrect name, class, or applicant details were submitted
- Settlement of dispute – the applicant agrees to withdraw due to a compromise with another trademark holder
- Multiple filings – duplicate applications for the same mark were made
- Legal advice – post-filing review suggests withdrawal is the best option
Once a withdrawal request is filed, the application is treated as abandoned and is not processed further. However, if the trademark has already been registered, then withdrawal is no longer an option; you must go through the process of cancellation.
Who Can Submit the Withdrawal Letter?
The following persons can submit the withdrawal letter –
- The applicant themselves (individual, proprietor, company, etc.)
- The authorised trademark attorney or agent who filed the application
- The legal representative of the applicant (in case of death or dissolution)
The letter must be signed by the authorised person and submitted to the appropriate Trademark Registry office where the application was originally filed.
Details to Include in the Trademark Withdrawal Letter
A well-drafted letter should clearly mention –
- Application number
- Trademark name
- Class of goods/services
- Name and address of the applicant
- A clear statement requesting the withdrawal of the application
- Reason for withdrawal (optional but helpful)
- Signature of the applicant or authorised agent
- Date of submission
- Enclosures, if any (like Power of Attorney or ID proof)
Providing complete and accurate details ensures that the request is processed without delay or rejection.
Sample Format of Trademark Withdrawal Letter
To
The Registrar of Trademarks
Office of the Controller General of Patents, Designs & Trademarks
[Address of the appropriate regional trademark office]
Date – [DD/MM/YYYY]
Subject – Withdrawal of Trademark Application – Application No. [Insert Number]
Dear Sir/Madam,
I am writing to request the withdrawal of the trademark application filed under the name “[Trademark Name]”, bearing Application No. [Insert Number], filed on [Filing Date] in Class [Insert Class Number], covering goods/services related to [Insert Description, e.g., clothing, software, legal services, etc.].
The application was submitted in the name of –
Applicant’s Name – [Insert Full Name of Applicant/Entity]
Address – [Insert Registered Address as per application]
Email ID – [Insert Email ID]
Mobile Number – [Insert Mobile No.]
Due to [briefly state reason – e.g., change in branding strategy/duplication / mutual agreement / inadvertent error], I hereby request that the said application be withdrawn and treated as closed from further processing.
Please take this letter on record and acknowledge the withdrawal of the application.
I have enclosed a self-attested copy of the acknowledgement of the original application (if available), and I have also provided the identification of the authorised signatory.
Thank you for your cooperation.
Yours faithfully,
[Signature]
[Full Name of Applicant or Authorized Agent]
[Designation, if applicable]
[Address]
[Phone Number]
[Email Address]
Enclosures –
- Copy of Trademark Application Acknowledgement
- ID Proof of Applicant / Authorized Signatory
- Power of Attorney (if applicable)
Where and How to Submit the Letter?
- The letter must be sent to the appropriate regional Trademark Registry (based on the jurisdiction at the time of filing).
- It can be submitted physically or through email (if accepted by the registry).
- If the application was filed online through the IP India portal, the withdrawal can also be communicated through your registered attorney’s e-filing account.
- Keep a copy of the acknowledgement for your records.
Things to Keep in Mind
- Once withdrawn, the application cannot be revived. A fresh application must be filed if needed later.
- If the application is under opposition proceedings, inform the other party or submit a copy to the IPAB or the concerned authority.
- Any government fees already paid are non-refundable, even after withdrawal.
- Always consult with your trademark attorney before withdrawing, especially if objections or opposition are involved.
Conclusion
Filing a Trademark Withdrawal Letter is a straightforward yet important action to formally close a pending application that is no longer needed or useful. Whether you are rebranding, correcting a mistake, or resolving a dispute, a clear and complete withdrawal letter properly informs the registry and allows the registry to revise its records; thereby, eliminating future confusion and potential legal complications.
As a sample, and use the format as a guide, be sure your letter contains all the necessary information so the registry can process your request without delay. If you have any concerns, never hesitate to seek legal advice for the protection of your intellectual property rights.
References
The Trade Marks Act, 1999 (Act No. 47 of 1999)
The Trade Marks Rules, 2017
