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Kinds of Trademark Registration Status in India

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  • Post published:December 19, 2023
  • Post category:Trademark

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Last Updated on May 20, 2024 by Kanakkupillai

The journey to obtain a trademark registration is lengthy and can be intricate. The process consists of various stages, from filing a trademark application to registering it. The different types of trademark statuses are important in seeing your trademark application’s progress. Various trademark statuses during the course of registration of trademarks in India are discussed in this article.

Different Trademark Statuses During the Trademark Registration Process

Once the initial filing has taken place, the changes in the status of a trademark application become apparent. Understanding the significance of each trademark status is important so you recognize what is occurring with your application every step of the way. Some of the most important trademark statuses you should be aware of are:

  1. Send to Vienna Codification

Due to the fact that this specific type of trademark is indescribably displayed by a logo, label, or a form of artwork that can be advertised. Also, this type of trademark can be targeted at a particular kind of brand name that consists of artistic designs next to the words that can or cannot be used in its logo. It will also consist of trademarks that are usually classified according to classes, divisions and sections. At this stage, the applicant does not need to do anything.

  1. Formalities Check (Pass)

An application with “Formalities Check (Pass)” status means the respective application has met the requirement of the Indian Trade Mark Law, i.e., there is no error or any wrong information available in the Trade Mark Application form and documents submitted. Important aspects to be noted concerning formality and requirements are: 

  • The application should not have any missing documents, which may result in the rejection of the application. 
  • The application form should be filled out correctly because any discrepancy between the form and the document may cause the rejection of the application. 
  • Appropriate documents must be attested as per the form and requirement mandated by the Government of India concerning the Mark Application. 
  • In the case of a trademark, the document must be stamped and Notaries per the requirement obtained; however, the requirement is nominal. If everything as stated above meets the requirement, then only the application is checked for its merits.
  1. Formalities Check (Fail)

A “Formalities Check (Fail)” status is given to a trademark application that has not met the required conditions due to errors or omissions. This status is relatively rare and is usually for one or more of the following reasons:

  1. Some of the necessary documents were missing when the application was filed.
  2. The application forms or accompanying documents contain errors.
  3. Some of the essential documents were missing the proper stamping and notary. To avoid this status, it is important to ensure your application is accurate and complete.
  4. Marked for Exam

Where an application meets the basic requirements of a trade mark application, it is allocated a status of “Marked for Exam”. On receiving a status of “Marked for Exam”, the trade mark application would move directly to the examination stage, where the trade mark registry checks the contents of the application for any discrepancies. This would essentially be a formalities check where the registry examines whether the application satisfies all the criteria for it to be considered for registration. The formalities test ensures that the application includes the required information with no errors in it. The examination essentially looks at any technical errors in the trade mark applications. Some of the grounds for the examination office’s objection include but are not limited to the following:

  • Whether the trade mark is distinctive in nature
  • Whether the trade mark directly describes the goods or services
  • Whether the trade mark is offensive, obscene or immoral.
  • Whether the goods/services applied about the trade mark are in line with the business activities of the applicant
  1. Examination Report Issued

Once a regional trademark examiner examines the trademark application on the grounds of the registrability of the trademark and believes an objection should be raised, a first examination report is issued. The objections in this examination report may relate to the structure or form of the trade mark. The applicant is then allowed to provide reasonable justifications for any objections raised in the examination report.

  1. Objected

The status ‘Objected’ refers to a status where a trademark examiner assigned by the registry has reviewed your trademark application and has objected to it on one or more grounds. Once a trademark is objected to, the applicant must file a reply to the examination report with evidence supporting his case within 30 days of receipt of the report. The applicant may ask for a maximum of 3 months to file a reply to the examination report. The applicant can obtain multiple such extensions. The trademark only gets registered once the trademark registry satisfies itself with the reply to the objection raised.

  1. Accepted

When one has finally managed to pass the application cycle, they will receive an “Accepted” status on their application. This does not mean you are done; what it really means is your application is now up for publication in the weekly trademark journal, a public journal with a list of all the new trademarks. One thing must be kept in mind after reaching this stage; however, the applicant should not do anything but simply keep an eye on the application.

  1. Adv. (Advertised) Before Accepted

The trademark application is published in the Trademark Journal in the next stage. Any third party can oppose the application within four months of the date of publication. If no one opposes, then the trademark application is accepted and advertised.

  1. Accepted and Advertised

This status represents the pre-final stage of trademark registration before the trademark registration has been completed. The applicant does not have to do anything about this status. The application awaits for the trademark application’s status to be “Registered”.

  1. Ready for Show Cause Hearing

It is advisable or should be considered a wise thing to do because that, after all, may eventually sway one’s decision because, to judge a candidate, one should go to the polling districts to hear how a contender would manipulate the district benefit or how whatever the case may be in the context of this particular phrase, influences the state as a suitable candidate should.

Failure to attend to the matter as directed in this notice may result in the application being abandoned.

The registry can reschedule a new hearing date if there is a valid reason to do so. A straightforward request may be sent to the board to ask for a new date.

  1. Registered

Already registered, granted registration. The registered status results from the trademark being filed and accepted by the trademark office; thus, all requirements are met.

  1. Opposed

Where a trademark application has been published in the trademark journal, it is open to opposition from third parties.

Should a 3rd party believe that your trademark is causing them such harm, they may very likely try to do something about it. Their option is to file an opposition to your trademark upon its publication for opposition – there is a set time frame for them to do this within the application process.

  1. Abandoned

The status of “Abandoned” means that the trademark application is no longer active.

This kind of thing happens when the applicant does not reply to the examination report or does not fulfil any other registrar’s requirement.

  1. Withdrawn

If you see your Trademark application’s status on the USPTO site as “Withdrawn,” you have abandoned the application. Once you go through the application process for your trademark in USPTO, you must be approved. If you get in the middle of the process and decide you no longer want to be approved, you can’t get the application back.

  1. Removed

If the applicant does not meet all the requirements of the trademark registry, they get “dead” in the trademark register.

If the registrant pockets the right to use the trademark, the trademark is removed from the registration.

A few different statuses are common that an applicant for a trademark might experience during each period of the registration procedure.

To evaluate and state the specifics of your brand or label, you might want to evaluate and list the specifics listed below step by step.

How do you Check Trademark Status on the IP India Website?

Monitoring the progression of your trademark application is a vital part of the trademark registration procedure. This is why the Intellectual Property India website will be very useful to track the status of your trademark application. How to check your trademark status:

Step 1: Access the Official Website

Beginning the journey to making sure your trademark is legitimate entails visiting the correct and official Intellectual Property India website. To do that, you just have to go to this page by clicking the Intellectual Property India Website link. This link will take you to what is fittingly called the Intellectual Property India Website.

Step 2: Select “Trademark Application/ Registered Mark”

Accessing trademark data and application updates is accomplishable via the pivotal selection “Trademark Application/ Registered Mark” upon visiting the Intellectual Property India website.

Step 3: Choose “National/IRDI Number”

Opt for “National/IRDI Number” in the identification method after you’ve chosen “Trademark Application/ Registered Mark.” To proceed with the status check, you should enter your application number when this selection arises.

Step 4: Input Application Number and Verify

The final step in the process of tracking the status of your trademark is entering your unique application number into the field provided; in the process, you will have to enter the displayed code or captcha to verify and ensure the accurate request and verification of the status you request. Then click the “view” button to process the request, and the status should now be displayed. It is important to regularly check the status of your trademark to ensure it is within proceeding.

By checking regularly, the site can inform you about the different types of status and how far your application is moving. This is vital to completing the trademark as it helps you understand the different types of status and how far your trademark application has been processed.

FAQ

1. What do the different trademark statuses mean?

Different kinds of trademark statuses show what point your application is at from the second you file till the point it’s registered. Each status has a different meaning and shows your step in the process. Knowing and understanding the statuses will help you understand where you stand with your application.

2. What should I do if my application status changes to “Objected”?

When the Trade Marks Registry objects to your trademark application, it is restricting against using a trademark for multiple of things. If that happens, you will be required to answer the objections within the specified timeframe to get these objections clarified. You also need to ensure that the concerns raised by the Trade Marks Registry are clarified and addressed by you.

3. Can I request a new date for a “Show Cause Hearing” if I can’t attend on the given date?

Should you require setting a new date for a Show Cause Hearing, you may present a formal request to the Registrar of Trade Marks by writing a letter of appeal to him. However, it is entirely up to the Registrar to approve or reject the new date you requested.

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