Registrar’s Post-Hearing Review

• After the hearing, the Registrar evaluates the oral arguments and submitted documents.
  
• If not convinced, the Registrar may issue a written refusal order, maintaining the objection.
  
• The refusal is based on the same or additional grounds if the response is deemed insufficient.
  
• The status of the application may be updated to Refused or remain as Objected temporarily.
  

Consequences of Continued Objection

• The application cannot proceed to journal publication or registration unless the objection is resolved.
  
• The applicant loses procedural momentum and must act quickly to avoid permanent closure.
  
• A refused application cannot be revived unless challenged through appellate means.
  
• Continued objection may signal the need for legal re-strategizing or modification of the mark.
  

Options After Refusal

• The applicant can file a review request or a rectification application if procedural grounds exist.
  
• A fresh trademark application may be filed with necessary modifications or new branding.
  
• In cases involving significant commercial interest, legal escalation may be necessary.
  
• Parallel brand protection strategies may be considered through common law or copyright.
  

Filing an Appeal

• The applicant may file an appeal before the Intellectual Property Division of the High Court.
  
• The appeal must be filed within 3 months from the date of the refusal order.
  
• Legal representation is typically required for drafting and presenting the case.
  
• The High Court reviews the Registry’s decision and may reverse, modify, or uphold it.
  

Legal and Strategic Considerations

• The decision to appeal should be weighed against time, cost, and success probability.
  
• If the refusal is due to similarity with existing marks, a coexistence agreement may be explored.
  
• Continuous use of the mark without registration may still offer common law protection.
  
• Documentation and evidence from the initial hearing can be reused in further proceedings.