Chapter III - Procedure for and Duration of Registration
Section 19
Section 19: withdrawal of acceptance before registration
A trade mark application may be accepted but still not registered. If the Registrar finds acceptance was erroneous or different registration conditions are needed, Section 19 allows acceptance to be withdrawn after the applicant has an opportunity to be heard if desired.
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Need advice on Section 19?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where, after the acceptance of an application for registration of a trade mark but before its registration, the Registrar is satisfied—
(a) that the application has been accepted in error; or
(b) that in the circumstances of the case the trade mark should not be registered, or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.
Introduction
Rule 38 of the Trade Marks Rules, 2017 requires the Registrar to communicate the objection in writing. The applicant has thirty days from receipt to amend in compliance or request a hearing; otherwise acceptance is deemed withdrawn. The statutory power applies only between acceptance and registration.
Key takeaways
Acceptance can be reconsidered
The Registrar may revisit an accepted application before registration when acceptance was in error or conditions need changing.
A written objection and response matter
Rule 38 provides written communication and a thirty-day period to amend or request a hearing.
Registration has not yet occurred
An accepted or advertised application remains exposed to Section 19 until registration.
Identify the Registrar's concern
Read the written Rule 38 communication: is the issue erroneous acceptance, refusal, or changed conditions or limitations? Preserve the original acceptance and all subsequent communications.
Choose amendment or hearing
Within thirty days of receiving the communication, consider whether an amendment meets the stated requirement or a hearing should be requested. Rule 38 details the hearing notice and resulting order.
Track the revised status
If acceptance is withdrawn, the application proceeds as if it had not been accepted. Verify the Registry record and any subsequent examination or advertisement step before claiming registration progress.
Official sources
Practical checklist
Do
- Record receipt of the Rule 38 written communication.
- Docket the thirty-day response or hearing-request period.
- Check the Registry status after the Registrar's decision.
Avoid
- Do not treat an acceptance notice as final registration.
- Do not ignore a changed-condition proposal merely because the application was advertised.
Glossary
- Acceptance
- The Registrar's acceptance of an application for registration, which precedes registration and may carry conditions.
- Limitation
- A restriction on the registration or its scope imposed as part of acceptance or registration.
Frequently asked questions
Can acceptance be withdrawn after advertisement?
Section 19 applies after acceptance but before registration. Advertisement alone does not end that period.
Does the applicant get a hearing?
Section 19 permits a hearing if the applicant desires one; Rule 38 sets out the response and hearing procedure.
How quickly must the applicant respond to the written objection?
Rule 38(2) gives thirty days from receipt to amend in compliance or apply for a hearing before acceptance is deemed withdrawn.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026