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The adoption of online trademark registration in India has increased the efficiency and openness of trademark filings. A trademark may be regarded as incontestable after 5 years of continuous use from the date of federal registration. A trademark application must go through many stages of evaluation before it can be registered. The stages or statuses are briefly outlined here.
In this post, we'll also look at the significance of various trademark registration status and the actions that each one necessitates for seamless trademarking.
The trademark was just added to the database of trademark applications.
Non-text trademark applications with a logo or artwork must follow this approach. If the application includes logo/figurative components, it is awarded a Vienna code at the time of filing. The Vienna codification method, which allows for logo/artwork trademark searches, is overseen by the register. Following this, there is still a long way to go in the registration procedure, which includes an examination, formality check, public caution, and registration.
When all of the basic filing criteria for trademark registration status are met, the status on the Indian trademark registry website is updated to 'Formalities chk pass.' In this phase, the trademark registrar verifies the fundamental formality criteria, such as:
The status information is reported as 'Formalities chk fail' if certain fundamental prerequisites are not met. When this process is finished, the trademark application is subjected to a substantive examination. During this time, trademark objections can be submitted under Sections 9 and 11 of the Trademarks Act of 1999.
When the application for a trademark is assigned to an examiner for issuance of the examination report, the status 'Marked for exam' appears on the Indian trademark registration website.
The examiner examines the application to see if the trademark may be published in the trademarks journal prior to registration. The following procedures are followed to guarantee that:
The examiner will then provide a combined 'Examination report,' in which he or she will either note any concerns to the application or approve it. The examination report takes 12 to 18 months to complete following this service.
The status of your trademark application will be 'Objected' if the examiner/registrar expresses objections in the examination report. The examiner/registrar may make objections under Sections 9 and 11 of the Trademarks Act once the application has been evaluated.
Objections are likely to be raised under Section 9 where the examiner or registrar considers the trademark is descriptive of generics, laudatory, or suggests the nature or quality of the goods or services, for example.
To get over this problem, you'll need to show that the trademark is unique and doesn't fit under any of the categories indicated above. This objection can also be refused if the trademark has developed a unique personality as a consequence of its frequent use. It is necessary to submit a user affidavit with convincing proof that the trademark has gained distinctiveness through continuing use for this purpose.
When a similar/identical trademark in similar/identical classes of services/goods is already on record in the trademark registration, the examiner/registrar can file a Section 11 objection. The examiner/registrar provides a computer-generated search report with a list of conflicting marks in this case.
The trademark status will appear as 'Exam report issued' when a trademark application is accepted for publication and is slated for publication in the trademarks journal. This status code indicates whether the trademark was accepted in the initial inspection report or whether the applicant was successful in overturning the objections through a written submission or a hearing.
The trademark status at the Indian trademark registry website is 'Refused' if the examiner/registrar declines a trademark application after hearing or reviewing the applicant's answer to an examination report.
In circumstances where a third party successfully opposes the registration of a trademark, the trademark status can alternatively be interpreted as 'Refused.' Under Section 91 of the Trademarks Act, this status can be disputed by filing a petition with the Intellectual Property Appeal Board (IPAB) within three months.
If an application for a trademark is advertised before it is accepted by the registrar in the trademark journal, the trademark status on the Indian trademark registry website will be 'Adv before approved.'
This status permits any third party to file an opposition to the trademark application within four months after the publication date in the journal.
When an application is published prior to acceptance and no objection is filed during the time of opposition, the application must be accepted by an Accepting Officer right before the registration certificate is issued. The trademark status changes from 'Advertised and accepted' to 'Registered' after this is completed. The registration certificate is usually issued three months after the opposition period has expired.
If a third party files an opposition to the trademark registration within four months of its publication, the trademark status on the Indian trademark registry website will be 'Opposed.'
When a comparable trademark is published in the journal or the trademark is believed to be non-distinctive, a third party frequently launches an objection.
After a third party files a notice of objection, the trademark status changes from 'Advertised' to 'Opposed.' This notice, which specifies the grounds for the objection, is served on the applicant. Within two months of receiving the notice of objection, the applicant must provide a response statement. The trademark application status is changed to 'Abandoned' if the register does not receive a counter statement within the stipulated time limit.
If the applicant submits a voluntary request to withdraw the application, the trademark will appear as 'Withdrawn' on the Indian trademark register website.
If a trademark has been deleted from the trademark registration, its status on the Indian trademark registry website will be 'Removed.' In the viewpoint of the law, the mark is no longer trademarked.
When the trademark status on the Indian trademark registry website is 'Registered,' it signifies the Registrar has issued the registration certificate of the trademark. After that, the applicant becomes the trademark's registered owner. After, the applicant can use the ® sign next to the trademark. Under the existing Act, trademark registration is valid for 10 years from the date of application. It's necessary to keep in mind to renew it before it expires every 10 years.
Trademark registration is a time-consuming and intricate procedure that involves substantial documentation and a boatload of knowledge. This is why, while registering or renewing a trademark, we recommend using the services of trademark experts like Online Legal India. Don't be hesitant to enlist our assistance today!