The short answer
On the DPDT online database, "Deemed Abandoned" is an automatic status shown when no reply to an objection is visible. It does not prove the application is dead. "Abandoned" means the Registrar has formally closed the application. Deemed Abandoned marks are still cited against new applications, so they need a response.
Deemed Abandoned versus Abandoned
| Deemed Abandoned | Abandoned | |
|---|---|---|
| What it is | Status the database shows when no reply is recorded | Registrar has formally recorded the application as abandoned |
| Is it final? | No. The application may still be alive or awaiting a decision | Yes. Nothing is pending |
| Cited against new marks? | Yes, under Sections 10(3) and 8(c) | Usually not |
| Action needed | Follow up and take legal steps | None; the mark cannot proceed |
The database often does not show whether a reply, publication fee, publication, opposition, registration fee, rejection or renewal fee was recorded. So the real status may differ from what the system shows.
If a Deemed Abandoned mark is cited against you
Reply and ask for a hearing
- Rule 15 gives 2 months, extendable by 2 on request
- Include legal arguments and evidence of distinctiveness or prior use
Act against the cited mark
- Take legal steps to clarify or remove the cited mark so the examiner re-evaluates its status
Do not assume the worst. Check the real status with the DPDT and follow up actively. See the examination process.
Deemed abandoned questions
Is a Deemed Abandoned mark really dead?
Not necessarily. It may still be active or awaiting a decision.
Can it block my application?
Yes. It can be cited under Sections 10(3) and 8(c).
How long do I have to reply?
2 months from the examination report, and 2 more on request.
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