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                    Trademark Application Status

How to Check the Trademark Application Status in India?

Online Legal India LogoBy Online Legal India Published On 23 Jun 2022 Category Trademark Registration

A trademark is a kind of logo, word, symbol, sound, or distinguishable phrase that represents a certain brand and thus distinguishes it from all other brands in the market. It is an asset that recognises the company’s ownership of the brand.

 

Application for Trademark Registration

 

You need to submit an application on the form TM-A to the Trademarks Registry to register that specific trademark. You should also pay prescribed fees. It is always a good decision to keep checking the status of your trademark because there are certain situations when the applicant may have to act upon the same to ensure the trademark gets registered as soon as possible.

 

Steps to Check Trademark Application Status

Once you file the trademark application, you can check the status of the trademark by following steps:

 

Step 1. Go to the official website of the government for trademark applications: http://ipindiaonline.gov.in/eregister/eregister.aspx to register.

 

Step 2. Select the Trade Mark Application/Registered Mark option on the left side of the page. Once you select it, two options will appear. Then click on the IRDI number. 

 

Step4. Enter the trademark application number. Additionally, you must also enter the captcha code correctly. Once you have filled in the details, click on the 'View' option.

 

Steps to check Trademark Application Status

It is necessary to understand what is the meaning of each type of status regarding the application in order to select the proper course of action in the case of a new programme.

 

1. New Application 

The status 'New Application' denotes that the application was recently received and is currently being reviewed. This stage marks the start of the application procedure. Furthermore, it has yet to be extensively investigated.

 

2. Send to Vienna Codification

The Vienna Code Classification is an internationally recognised standard for logos and their components. The Code is defined by the nature of the logo's figurative parts. This step applies to trademark applications that include a logo or artwork but are not text-based.

 

3. Formalities check pass

The Trademark Registry accepts all of the initial/preliminary materials submitted with the application at this phase of the trademark. In other word, the trademark has cleared all of the basic trademark filing procedures and is ready to be handled.

 

4. Formalities check fail

The trademark status will be read as 'Formalities Check Fail' if the Trademark Registry notices any flaws or inconsistency with the documents that an applicant initially supplied with the application. This could be due to insufficiency or ambiguity in previously provided documentation.

 

5. Marked of Examination 

If the trademark receives a 'Formalities Check Pass' after a first round of inspections, it will be submitted to a Trademark Examiner, who will examine all of the papers and the application to verify it is complete in all respects.

 

6. Objected

It means that the examiner has some doubts regarding the trademark and its registration. Furthermore, in this case, the examination report must be responded to within a month of its disbursement; otherwise, the trademark status would be changed to 'Refused.'

 

7. Refused or abandoned

The examiner will consider the application as 'Refused or Abandoned' if he is not satisfied with the response to the Examination Report or even after a Show Cause Hearing.

 

8. Advertised before accepted

The Trademark status may say 'Advertised before Accepted' in specific cases. Similarly, this suggests that the Trademark Registrar is still unsure about the nature of the trademark.

 

9. Accepted and Advertised

The Trademark Registrar is satisfied with the nature of the trademark at this point, and hence authorises it to be registered in the Trademark Journal because it is distinct enough to be recognised as a trademark.

 

10. Opposed

The general public will be given 3-4 months of time to reply in terms of opposition to the trademark once it is advertised and published in the trademark Journal. Any such opposition after the estimated period will not be taken into consideration. Moreover, if any third party shows opposition to the trademark, the status shall be considered as ‘opposed’.

 

11. Withdrawn

If the status is 'Opposed,' the applicant may choose to contest the opposition case. Similarly, if the applicant decides not to proceed with the litigation, he or she may voluntarily withdraw the trademark application. As a result, the trademark will be marked as 'Withdrawn.'

 

12. Registered

The Trademarks Registry issues a certificate of registration to the applicant against his or her application of trademark, if it has passed all rounds of inspection as well as the 'Accepted and Advertised' stage. At the same time, the status is updated on the webpage.

 

13. Removed

The trademark can be withdrawn from the Trademark Journal if it has not been used for five years after the issuing of the Trademark Registration Certificate, or if the trademark owner forgets to renew the registration of the trademark. 'Removed' is shown as status at this stage.

 

Conclusion

Hence, it is always advisable to take out time and submit accurate documentation in order to avoid any delays in the registration of the trademark. You can take the help of Online Legal India’s qualified professionals to check your status of trademark application. They will properly guide you throughout the process.

 


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