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A trademark is a unique phrase, word, symbol, or sound that identifies a particular product and distinguishes it from all others on the market. It's a symbol that acknowledges the company's control over the brand.
In order to do a trademark registration, an application in the form TM-A must be submitted to the Trademarks Registry. In addition, the specified payments must be made. It is always a good idea to maintain track of the trademark's status since there are times when the applicant may need to take action to guarantee that the trademark is registered as soon as possible.
After the trademark registration application has been filed, one can check the status of the application by following the below-mentioned steps-
Step 1- Go to the official website of ipindia trademark registration. The main page will be visible before you.
Step 2- On the left-hand side of the main page, an option is “Trademark Application/Registered Trademark”. You need to select the option.
Step 3- Once the above two steps are completed, you have to select the National IRDI number you want to search.
Step 4- You have to enter the trademark number and the captcha correctly for viewing the application status.
Step 5- After you have completed the above steps, you need to select the “view” option and after that, the status of your trademark registration application will be displayed on your screen.
An application of any sort goes through multiple levels of vetting and inspection in general. In the event of a trademark application, it's the same. It is critical to comprehend what each sort of status means in order to choose the appropriate course of action in the case.
The status 'New Application' denotes that the application has recently been received for additional review. This is the commencement of the application process. It has still to be examined totally.
The Vienna Categorization, often referred to as the Vienna Codification, is an international classification of trademark sign components created by the Vienna Agreement (1973). After the Trademark registration application is filed, the Trademark Registrar will apply the Vienna categorisation to the Trademark based on the marks' figurative components. The trademark application status is normally indicated as "Sent for Vienna Codification" while this work is being done.
The Trademark Registry accepts all of the preliminary materials provided with the application at this level of the trademark. In other words, there seem to be no issues with the documents that have been presented thus far.
The status will be interpreted as 'Formalities Check Fail' if the Trademark Registry discovers any flaws or discrepancies with the documentation that was initially supplied with the application by the applicant. This might be due to inadequacy or ambiguity in the previously provided documentation.
If the trademark obtains a 'Formalities Check Pass' after an initial round of checks, it will be forwarded to a Trademark Examiner, who will examine all of the paperwork as well as the application to confirm it is complete in all respects.
If this status is awarded to a trademark, it signifies that the examiner has expressed some concerns about the trademark and its registration. The examination report must be responded to within one month of the issuance in this circumstance. If the response is not received within the specified period, the trademark status will be changed to 'Refused.'
The examiner will mark the application as 'Refused or Abandoned' if he is not satisfied with the response to the Examination Report or after a Show Cause Hearing.
In some circumstances, the trademark registration status shows 'Advertised before Accepted.' This indicates that the Trademark Registrar is still undecided regarding the trademark's nature.
The Trademark Registrar is happy with the character of the trademark at this point and hence authorises it to be registered in the Trademark Journal since it is unique enough to be recognised as a trademark.
The general public has three to four months after the trademark is announced and published in the Trademark Journal to reply in terms of trademark opposition. Any opposition raised after the time limit has expired will not be entertained. When a third party objects to a trademark, the status of the trademark registration is changed to 'Opposed.'
If the applicant's trademark registration status is 'Opposed,' he or she might opt to contest the opposition case. If the applicant decides not to pursue the matter, he or she might withdraw the trademark application voluntarily. The trademark's status will be 'Withdrawn.'
The Trademarks Registry issues a certificate of registration to the applicant against his or her trademark registration application if it has passed all rounds of examination as well as the 'Accepted and Advertised' stage. At the same time, the status of the application is updated on the webpage
The trademark can be withdrawn from the Trademark Journal if it has not been used for 5 years following the issuing of the Trademark Registration Certificate, or if the trademark holder forgets to do the renewal of the trademark registration. 'Removed' should be the status at the time.
As a result, it is always important to set aside time and submit precise documentation in order to prevent any delays in trademark registration.
The status of the trademark registration application must be checked on the Trademark Registrar's website on a regular basis. In the event of an objection or resistance, the Entrepreneur must react to the application within the timeframe specified to avoid the application being abandoned.
Online legal India helps you in every aspect of trademark registration, be it the registration process or renewal of the registration. Our team is here to help you out with every problem. In this article, you will find all the necessary points that you need to follow for checking the application status of your trademark registration.
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