Trademark Objection Notice Under Section 132

Trademark objection Notice Section 132 refers to a notice issued by the Registrar when an applicant is in default in prosecuting a trademark application. Section 132 of the Trade Marks Act, 1999 allows the Registrar to require the applicant to remedy the default within the time specified in the notice. If the default is not remedied within that period, the application may be treated as abandoned. :contentReference[oaicite:0]{index=0}

A Section 132 notice is therefore important because it indicates that action is required to keep the trademark application active. The applicant should carefully review the notice, identify the pending requirement and submit the required response or request for hearing within the specified period.

This guide explains what a Section 132 notice means, why it may be issued, what an applicant should do after receiving it, possible consequences of non-compliance and how it relates to the trademark examination process.

For assistance with responding to trademark objections and related Registry proceedings, visit the Trademark Objection service.

What is Section 132 of the Trade Marks Act, 1999?

Section 132 of the Trade Marks Act, 1999 deals with abandonment. Where the Registrar considers that an applicant is in default in prosecuting a trademark application, the Registrar may issue a notice requiring the applicant to remedy the default within a specified period.

The provision also contemplates an opportunity of being heard where the applicant requests one. If the default is not remedied within the time specified in the notice, the Registrar may treat the application as abandoned. :contentReference[oaicite:1]{index=1}

What is a Section 132 Notice?

A Section 132 notice is a communication from the Trade Marks Registry informing the applicant that there has been a default in prosecuting the trademark application and requiring the applicant to take the specified action within the stated period.

Current Registry correspondence shows that such notices can be issued where a response to an examination report or a request for a hearing has not been received within the applicable period. The notice may require the applicant to submit a response with supporting documents or apply for a hearing within the period stated in the notice. :contentReference[oaicite:2]{index=2}

Why is a Section 132 Notice Issued?

A Section 132 notice may arise when an applicant has failed to take a required step in the prosecution of the trademark application. Depending on the application and its history, the issue may relate to an outstanding examination-stage requirement or another pending action before the Registry.

Examples may include:

• Failure to respond to an examination report.
• Failure to comply with an outstanding Registry requirement.
• Failure to submit required comments or documents.
• Failure to request a hearing where required.
• Failure to take another prescribed step necessary for prosecution of the application.

The exact reason should always be determined from the Section 132 notice and the application record.

Section 132 Notice and Examination Report

An examination report communicates objections or requirements identified during examination of a trademark application. The applicant normally needs to respond to the examination report within the applicable period.

Where the applicant does not take the required action and the application remains in default, a Section 132 notice may subsequently be issued requiring the applicant to remedy that default. Registry correspondence confirms that Section 132 notices may specifically refer to an earlier examination report and the absence of a reply or hearing request. :contentReference

For information about the broader examination and objection procedure, refer to the trademark objection process in India guide.

What Should You Do After Receiving a Section 132 Notice?

An applicant should act promptly after receiving the notice. The appropriate response depends on the reason for the default mentioned in the notice.

1. Read the Notice Carefully: Identify the application number, reason for the notice and action required.
2. Review the Application Record: Check the examination report, previous correspondence and filing history.
3. Identify the Outstanding Default: Determine exactly what action was not completed.
4. Prepare the Response: Address the outstanding issue and provide the required submissions or supporting documents.
5. Request a Hearing if Appropriate: Where permitted and necessary, apply for a hearing within the period specified in the notice.
6. File Within the Specified Period: Submit the required response or hearing request through the applicable Registry filing system.
7. Monitor the Application: Continue checking the application status and Registry correspondence after submission.

Documents That May Be Required

The documents required depend on the default mentioned in the notice. Depending on the circumstances, the applicant may need:

• Copy or details of the Section 132 notice.
• Trademark application details.
• Examination report.
• Copy of an earlier response, if applicable.
• Supporting documents addressing the outstanding requirement.
• Proof of trademark use, where relevant.
• Invoices or commercial records, where relevant.
• Advertising and promotional evidence, where relevant.
• Other documents specifically requested by the Registry.

The documents should directly address the reason for the default and should be accurate and consistent with the application record.

Can You Request a Hearing Under Section 132?

Section 132 provides for an opportunity of being heard if the applicant desires one. The applicant should follow the instructions and deadline stated in the notice when requesting a hearing. :contentReference

In actual Registry correspondence, applicants may be instructed to submit their response with supporting documents or apply for a hearing within the period specified in the notice. :contentReference

What Happens if You Do Not Respond?

If the applicant fails to remedy the default within the period specified in the Section 132 notice, the Registrar may treat the trademark application as abandoned. The statutory provision specifically allows abandonment where the applicant remains in default after receiving the required notice and opportunity. :contentReference

For this reason, a Section 132 notice should not be ignored. The applicant should examine the notice immediately and take the required action within the specified period.

Section 132 Notice and Trademark Abandonment

Abandonment means that the trademark application is no longer being actively prosecuted by the applicant and the Registry treats it as abandoned according to the applicable procedure.

Section 132 does not state that every notice automatically results in abandonment. Instead, it gives the applicant an opportunity to remedy the default within the specified period. If the default is not remedied, the Registrar may treat the application as abandoned. :contentReference[oaicite:7]{index=7}

Section 132 vs Trademark Objection

Section 132 and Trademark Hearing

Section 132 is particularly relevant when an applicant has failed to take a required procedural step and the Registrar gives an opportunity to remedy the default. The Trade Marks Registry's manual also explains that matters may proceed to hearing where office objections remain unresolved after consideration of the applicant's response. :contentReference[oaicite:8]{index=8}

A hearing, where applicable, gives the applicant an opportunity to present arguments and address the outstanding issues before the Registrar.

Common Mistakes to Avoid

• Ignoring a Section 132 notice.
• Missing the deadline stated in the notice.
• Failing to identify the exact default.
• Submitting an incomplete response.
• Providing documents unrelated to the outstanding issue.
• Failing to request a hearing when appropriate.
• Not monitoring the application after filing the response.

How to Handle a Section 132 Notice Effectively

• Review the notice as soon as it is received.
• Check the complete trademark application history.
• Identify the reason for the default.
• Review any earlier examination report or Registry communication.
• Prepare a focused response addressing the outstanding issue.
• Attach relevant supporting documents.
• Request a hearing where appropriate and permitted.
• File the response within the period specified in the notice.
• Keep proof of filing and continue monitoring the application.

Get Assistance with Trademark Objection

Responding to a Section 132 notice may require review of the examination report, application history, Registry correspondence and supporting documents. Professional assistance can help applicants identify the outstanding issue, prepare the appropriate response and manage subsequent trademark proceedings.

For information about opposition-related proceedings, refer to navigating trademark opposition successfully.

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