The short answer
Under Rule 15(3), if you reply to a DPDT objection after the deadline, or not at all, the application is treated as abandoned. You can apply to restore it within 5 years of the abandonment notice, but the notice often comes 2 to 3 years late. The safest course is usually to file a new application.
If you replied on time
File a hearing application with written submissions (often called Option C). A written reply alone often leaves the file pending with no progress. A hearing gives you a direct chance to resolve remaining issues.
If you replied late or not at all
| Option | Notes |
|---|---|
| File a new application | Usually faster, cheaper and legally secure than reviving the old one |
| Late reply, hearing request and condonation petition | Legally uncertain, with a significant risk of rejection |
| Restore the abandoned application | Within 5 years of the abandonment notice, with a fee; you cannot apply until the notice is issued |
Do both when in doubt. File a fresh application and, in parallel, pursue the old one. That protects the mark whichever way the DPDT decides.
Why informal acceptance is risky
The DPDT sometimes accepts late replies in practice. But a third party can later challenge the registration in court on procedural grounds, and the High Court has cancelled well-known marks on this basis. Comply with the deadline, and follow up with a hearing application.
Missed objection deadline questions
What happens if I miss the deadline?
The application is treated as abandoned under Rule 15(3).
Can I restore it?
Yes, within 5 years of the abandonment notice, which the DPDT may take 2 to 3 years to issue.
Should I just refile?
Often yes. A new application is usually faster and legally secure.
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