Trademark Registration Status: How to Check and What It Means

Navigating the trademark registration process in India involves understanding various application statuses that indicate the progress and current standing of your trademark. Each status, from initial filing to final registration, provides essential insights into the application's journey. Familiarity with these statuses is important for timely responses and ensuring the successful registration of your trademark. This article aims to provide you detailed information on the type of trademark registration status in India.

What is the Trademark Registration Status?

Trademark registration status refers to the current stage of a trademark application in the official registration process. It indicates whether a trademark is pending, approved, rejected, published for opposition, or fully registered. Checking this status helps applicants stay informed about their trademark’s progress, respond to office actions, and ensure their brand is legally protected and enforceable.

Type of Trademark Registration Status in India

The following details include the types of trademark registration status:

• New Application: This status confirms that your trademark application has been successfully submitted and is awaiting initial processing by the Trademark Registry.
• Formalities Check Pass: Indicates that the application has met all basic filing requirements, such as correct documentation and fee payment.
• Formalities Check Fail: Signifies that the application has failed the initial scrutiny due to missing documents or incomplete information.
• Send to Vienna Codification: Applicable to trademarks containing logos or images, this status means the application is being classified under the Vienna Codification system for figurative elements.
• Marked for Examination: The application has been assigned to an examiner for a detailed review to assess its compliance with legal standards.
• Exam Report Issued: An examination report has been issued, which may contain objections or suggestions for modifications.
• Awaiting Reply to Examination Report: The application is pending a response from the applicant to the examination report's objections.
• Ready for Show-Cause Hearing: If the examiner is not satisfied with the applicant's response, a hearing is scheduled to provide further clarification.
• Objected: An objection has been raised by the examiner, often due to similarities with existing trademarks or lack of distinctiveness. The applicant must respond within a specified timeframe.
• Accepted: The application has been accepted by the Trademark Office and will be published in the Trademark Journal for public viewing.
• Advertised before Acceptance: In certain cases, the trademark is advertised in the journal before formal acceptance, which invites public opposition, if any.
• Opposed: A third party has filed an opposition against the trademark application, and the applicant must address the concerns raised.
• Registered: The trademark has successfully passed all stages and is now officially registered, which grants the applicant exclusive rights to its use.
• Abandoned: If the applicant fails to respond to objections or oppositions within the stipulated time, the application is considered abandoned.
• Withdrawn: The applicant has voluntarily withdrawn the trademark application before registration.
• Refused: The application has been refused by the Trademark Office, which is often due to unresolved objections or oppositions.
• Removed: The trademark has been removed from the register, which is possibly due to non-renewal or non-compliance with legal requirements.

How to Check Trademark Registration Status?

Here is the process to check the trademark registration status:

Step 1: Visit the IP India Website

Navigate to the official website of the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) at the IP India portal. This portal provides comprehensive information and services related to intellectual property in India.

Step 2: Access the Trademark Status Page

On the homepage, go to the "Trademarks" tab in the main navigation menu. From the dropdown, select "Related Links," and then click on "Trademark Status."

Step 3: Enter Application Details

Once on the status search page, you will see options to search by various criteria. For most applicants, selecting "National/IRDI Number" is appropriate. Enter your trademark application number carefully in the given field to make sure you get accurate and up-to-date status details. Ensure that the number is accurate to retrieve the correct status.

Step 4: Complete the CAPTCHA Verification

To prevent automated searches and ensure security, you will need to complete a CAPTCHA verification. Enter the characters displayed in the image into the corresponding field.

Step 5: Submit and View Status

After entering the required information and completing the CAPTCHA, click on the "View" button. The system will display the current status of your trademark application, along with other relevant details such as the applicant's name, application date, and class of goods or services.

Importance of Checking the Trademark Registration Status

Let us discuss the importance of checking the trademark registration status:

• Protecting Your Brand Identity

Your trademark represents your brand's identity. Regularly checking its status helps you detect any objections or oppositions early, which allows you to address them promptly and prevent potential legal disputes.

• Ensuring Timely Responses

The trademark registration process involves multiple stages, each with specific timelines. Missing a deadline, such as responding to an examination report or attending a hearing, can lead to the abandonment of your application. Regular status checks ensure you meet all necessary deadlines.

• Facilitating Business Decisions

Understanding the current status of your trademark application helps in making informed business decisions, such as launching a new product or entering a new market. Knowing whether your trademark is registered or facing objections can influence your branding and marketing strategies.

• Streamlining the Registration Process

By keeping track of your application's progress, you can identify and resolve issues promptly, which can potentially accelerate the registration process. Monitoring actively helps in maintaining the process of your application and avoiding unnecessary delays.

In today’s competitive world, securing your brand with a trademark is not just smart but essential. Registering a trademark is only the beginning. You need to stay updated with your application’s status to ensure smooth progress, avoid unnecessary delays, and protect your brand identity from risks. By understanding and regularly tracking these statuses, you take control of your brand’s legal journey with confidence and clarity. In this article, you have learned about the type of trademark registration status in India. Contact Online Legal India to get assistance and support in filing a trademark registration.