Eligibility to Refile

• Any applicant whose trademark application is rejected can file a new application.
  
• There is no legal restriction on refiling the same or a modified mark.
  
• The new application is treated as an independent filing with a fresh application number.
  
• The applicant must follow the same process as a first-time applicant.
  

When to Consider Refilling

• If the rejection was due to a technical or procedural error in the original filing.
  
• If the objection was based on similarity and the mark has now been redesigned or altered.
  
• If the Registrar’s decision is not being challenged through an appeal.
  
• When strategic brand adjustments have been made to avoid earlier objections.
  

Changes Recommended Before Refilling

• Modify the mark to enhance its distinctiveness or visual identity.
  
• Ensure accurate and updated classification of goods or services.
  
• Address the previous grounds of rejection explicitly in the new application.
  
• Avoid symbols, words, or design elements that led to the earlier conflict.
  

Process for Refilling

• File a fresh trademark application using Form TM-A through the official IP India portal.
  
• Include revised or corrected documents, such as usage claims or design adjustments.
  
• Pay the applicable government fees based on individual or entity status and number of classes.
  
• Track the application through the standard examination and journal publication process.
  

Other Strategic Options

• Consult a trademark attorney to reassess the registrability of the mark before refiling.
  
• Conduct a trademark search to ensure no new conflicting marks exist.
  
• Consider alternate forms of protection such as logo, slogan, or combined marks.
  
• If available, explore coexistence agreements or permissions from owners of cited marks.