Minimum Turnover for GST before Application
27 Feb, 2024
A trademark is the unique identity of a business. The term trademark refers to the mark of a trade that identifies the business and keeps it separate from others. Every business is different from others because of its unique name and brand logo. Besides, a business or service can compete with other reputed businesses as its brand is registered and has promised to deliver quality products or services. Once you apply for trademark registration, you must check the trademark registration status on the government site, IP India. (https://ipindia.gov.in/).
This article will inform you of the way to check the status and the meaning of the status shown over there.
A trademark is the mark, sign, or unique identity of a business or service. These are essential when any businessman has been planning to start a start-up or a new business. Any locally established business may also set the trademark to spread the business uniquely all over India. You can then compete with the reputed companies with your brand name and identity. If your product or service is up to the mark, your business will grow remarkably fast.
A trademark is an intellectual property that represents a unique identity. However, you may register it or not. You know the fact that when it is registered, you will be protected from trademark copying or breaching. If it is not registered, anybody can use it, which may damage your reputation. Your business will be affected.
You can apply for a Trademark registration certificate through the government portal (IP India Site). If you feel hazardous and problematic in filling out the form for Trademark registration, you can contact Online Legal India. They can apply for a trademark certificate for you or you can check the status through them. If you want to check the status of your trademark registration, what have you to do?
The Trademark Registration Status discussed:
Apart from the status “Registered,” you will get different trademark statuses. You must understand the meaning of them to take further steps. If it is registered, you are lucky, and there is nobody who objects to it. It is not rejected for any other reasons either. Here are all the possible statuses of trademark registration and their meanings.
Trademark application status and their explanations
This status indicates the application for trademark registration has been submitted to the government portal of the Indian Trademark Registry. However, the application has not yet been examined.
This status indicates that your application has passed the formalities primarily. You have to wait for the next stages to be completed.
Once the application has passed the formalities, the application has been sent to the next stage for Further Examination. The trademark examiner will review the application and then will update the details.
The trademark examiner has to submit the report as per the observation they have done. The report is usually issued if there are any conflicts or discrepancies found. So, the report will show the discrepancies.
The trademark might be opposed or objected to. When it happens to any trademark registration status, the trademark owner must face the Show Cause Hearing. If the shown cause is legitimate, the applicant will win. If the person objects to the trademark cannot show proper reason, it will be overruled. Again, if the person objected the trademark can show the reason and outdo the shown cause, the trademark will be rejected.
The applicant may have some discrepancy in the status of the EXAMINATION stage report. They might not show the right cause for the objection brought by others. In both situations, the application would be abandoned. The application would be viewed as ABANDONED.
This Trademark Application status indicates that it has successfully crossed all the entire checkpoints before showing publicly. There are no objections from anybody’s end till the day. This will be published in the trademark journal for facing public opposition.
Any party may oppose the registry in the opposition period of the publication. If it is OPPOSED, the second party has to show the documents related to the opposition procedure. At that time, the trademark applicant has to stand out his positive point or surrender that the logo is not unique.
This Trademark Registration Status indicates that the trademark registration has been objected to by anybody. The objection may be received by any businessperson having a similar logo, brand name, or brand slogan. The applicant must provide a logical explanation through the Show Cause Hearing. The person who has objected to the brand trademark also needs to prove that the logo or trademark registration application is not valid as it is someone else’s.
If the application is objected to, you will get an option on the status page, “Alert: Ready for Show Cause Hearing.”
Once the opposition comes from the business of any proprietor you have stolen the essence of the trademark of the person’s business. Even, you may object to any part of the logo, which is similar or almost similar. Whatever matter it is. If you cannot deal with the objection of the second party who has objected or you have not satisfied the terms and conditions, examined discrepancy, or anything else. Then, after some time, your application for trademark registration will be rejected.
However, when you have done all these very professionally, the trademark register will approve it and will be registered under the Indian Trademarks Act.
If you notice that the trademark application status has been sent to Vienna Codification, your trademark has been sent for verification. If there is no match, the Vienna codification will inform the trademark register that everything is alright. If any match is found, the register will inform it through the status of trademark registration.
If the Trademark Examiner considers that the trademark application does not meet your essentials for registration, it might be refused or rejected. The applicant can apply for the second time by maintaining the entire formalities and necessary amendments to cope up with the refusal stages.
The Trademark Application Status may show “Withdrawn”. You know when someone withdraws the application by his wish, the status of the application will show the said statement. This strategy may also show when the owner of the business has changed the business strategy, class, or category, it needs to withdraw voluntarily. Otherwise, there would be no meaning of trademark registration. When the trademark submitted is similar to any other trademark, the owner can withdraw it. In all these segments, you will see the status of the trademark registration as “Withdrawn”.
All are the statuses, you may notice when you search on the IP India Site. The meaning of the statuses has been given above. If you want to apply for trademark registration, you can apply through Online Legal India. Here, you will get all legal support related to trademark registration and status checks. You will also get a unique logo design facility here. On the other hand, we will check the Trademark registration status through us.
How can I check the status of the trademark application?
Checking of trademark application status is easy by visiting the IP India Site. There you will get the option to check “Trade Mark Application Status” under Trade Marks> related links> Trademark Status. Then, put the necessary details when it opens the link.
What should I do when it shows, “Sent for Examination”
It means that you need to stay cool till the examination phase is overcome. If it does not pass, you have to take steps to pass out of the section.
How can I learn that my trademark application is opposed?
You can surely learn whether your application is opposed or not. Check the application status through the IP India site and get it learned. It’s an easy and authentic process. The description is given in the main body of the piece of the article.
What will I understand when the status displays “Accepted and advertised”?
This status indicates that all the applications have passed all parameters according to the Trademark Registration Act 1999. Then, the trademark will be advertised in the trademark registry journal, allowing it for objection. If there is no objection within 4 months of the publication in the Trademark Journal, this phase for your application will be passed.
Can I check the trademark registry status of any other person?
Yes, you can check the status of any other person in India if you have the credentials of the person and his business. In Particular, the Application Reference Number is the main key point that you should have to check the status.
When does Objection come to my trademark application?
The trademark objection comes to you in two sections: section 9 and section 11. When the trademark has no uniqueness or it is a generic name of another trademark, your trademark will be objected to through section-9.
When the trademark is similar or identical to another business earlier registered, your trademark may be objected to. You have to draft a reply within the next 30 days of objection.