An Overview of Trademark Application Status in India

Before we discuss about Trademark Application Status, let us first understand the meaning of Trademark. A Trademark is a kind of symbol, name, word, slogan, or phrase that states a particular product and thereby separates it from all the other products available in the market place. Trademark is something that recognizes the ownership of a country’s brand. It is always advisable to choose a trademark that easy to explain, remember and short. Trademarks in India are categorized into two different classes, i.e. Goods (1 to 34 classes) and Services (Class 35 to 45).

To register your Trademark, you need to file an application for the Trademark Registration to the Trademark Registry. And after submitting all the documents and application form, you can check the Trademark Application Status regularly online at the website. In this blog, we are going to know about the different types of Trademark Application status and how you can check the status online.

What are the Different Types of Trademark Application Status in India?

Usually, a Trademark application goes through many phases of scrutiny and checking, and it is the same in the case of trademark status. It is crucial to know what type of trademark status carries in order to understand the action to be taken in the case.

Following is the list of all different types of Trademark Application Status in India:

• New Application: When the status shows (New Application),” that means the trademark application has been received for further examination. This is the starting phase of the Trademark application.
• Send to Vienna Codification: This trademark status is a globally acknowledged standard for logos and their elements. The code is assigned on the basis of the nature of symbolic elements in the logo.
• Formality Check Fail: In case the Trademark Registry finds any issues or any inconsistencies with the documents that were primarily submitted with the Trademark application by the applicant, then the status will show “Formality Check Fail”. This will show only if there is a lack of clarity in the submitted documents.
• Formality Check Pass: This Trademark status means that all the documents submitted with the trademark application by the applicant are accepted by the Trademark Registry.
• Objected: If the status is shown this, it simply means that the examiner has raised objections with regard to the Trademark and its registration. After the objection, the examination report has to be replied to the Registry within a month of time from its issuance. If the response isn’t given within one month of time, the trademark status shall read “Refused”.
• Abandoned or Refused: This status will only show if the examiner is not satisfied with the response given by the applicant to the Examination Report or even after the show cause hearing, the examiner will stamp the trademark application as “Abandoned or Refused”.
• Opposed: Once the Trademark is published and advertised in the Trademark Journal, the public is given a period of three to four months to respond in terms of opposition to the Trademark. After the specified period, such opposition will not be considered. But, if there is opposition from any third-party, the trademark status will show as “Opposed”.
• Marked for Exam: after a preliminary round of examine, if the Trademark gets a “Formalities Check Pass”, it will be sent to a Trademark Examiner who will examine all the related documents along with the Trademark Application to make sure that the application is perfect in all aspects.
• Advertised Before Accepted: There are some cases where the Trademark Application Status shows “Advertised Before Accepted”, which means the Registrar of Trademark is not convinced of the nature of that specific Trademark.
• Accepted and Advertised: If shows only if the Trademark Registry is satisfied with the suggested Trademark and thereby permits the Trademark to be registered in the journal as it is distinct enough to be recognized as a trademark.
• Withdrawn: Once the status showed “Opposed”, then the applicant has an option to fight the opposition case. If the applicant doesn’t want to fight the opposition case, they can voluntarily withdraw the application, and the trademark application status will show “Withdrawn”.
• Registered: Once the application for Trademark Registration successfully completes all the stages of examination and also clears the “Accepted and Advertised” stage, a Registration Certificate will be issued to the applicant against their application by the Registry of Trademark.
• Removed: If a trademark is not used for the next five years after the issuance of the Trademark Registration Certificate, or in a case where the owner of a trademark forgets to renew the Trademark, it can be removed or refused for the Trademark Journal. That’s why it is important to provide clear documents to avoid any delay in the Trademark Registration.

Also, Read: What are the Reasons for Trademark Application Rejection?

Process to Check the Trademark Application Status in India

Following is the steps to check the status of the Trademark Application:

• First, go to the official website, i.e. https://ipindiaonline.gov.in/eregister/eregister.aspx.
• Once visiting the website, a new page will open on your screen. On the left side, there is the first option, “Trade Mark Application/Registered Mark”, click this option. Once you click this option, two options will appear. Then you have to click on “National IRDI Number”.
• Next, you have to enter the Trademark Application Number and enter the Captcha code and click on the “View”.
• Once you click the “View” button, the website will show the Trademark Application Status.

Conclusion

To check the Trademark status online, you must understand different types of Trademark Application Status as mentioned above so that the interruption can be undertaken accordingly and in a reasonable manner. By carefully following the steps as mentioned above, you can quickly check the application status online and have erstwhile knowledge before applying for the Trademark Registration in India.

Also, Read: Joint Ownership of Trademark: Process and Benefits