Trademark Registration is a long process which involves multiple stages of inspection by the Trademarks Registry, India.
Once you file a trademark application, it takes at least a year for the process to complete. Therefore, it is necessary to know about the stages involved in a trademark registration so that the application does not get stuck.
Trademark Application Status is the different stages of scrutinising of the trademark application where they are checked for any discrepancies or similarities.
These are updated on IP India each time your application moves forward in the registration process.
At times you might need to take action on the application status. Therefore, it is necessary to keep track of the complete process.
This is the initial stage in the registration process and is reflected when the application details are entered into the database of the Trademarks Registry.
In case your mark contains any figurative elements (logo) then it is assigned a numerical code as per the Vienna Codification.
In case all the preliminary document checks performed by the Trademarks Registry are clear then the trademark application status is reflected as Formalities Chk Pass.
In case the Registry encounters issues with the details mentioned in the application or as per the provisions specified in the Trademark Law then the status is shown as Formalities Chk Fail.
Each application is assigned to a Trademark Examinerwho examines it for any discrepancies. Marked for an exam means the application is under examination.
The trademark application status shows as objected when the examiner has raised objections pertaining to the registration of the mark.
In such a case you need to answer to the examination report within one month from the date of its issuance.
Your trademark application status can reflect as refused or abandoned when the Examiner is not convinced with the examination report or even after a Show Cause Hearing.
Your application can also be abandonedif you do not reply to the examination report within the prescribed time limit.
Your trademark application status is updated as ‘Advertised before Accepted’ in case the Trademark Registrar is not convinced with the nature of the mark.
Only when the Accepting Officer accepts the application, the status will change to ‘Accepted and Advertised.’
The Trademark Registry allows the application to be published in the Trademark Journal when the mark is distinctive enough to be considered as a trademark.
Know More: What is 'Advertised before Accepted' and 'Accepted and Advertised'
Once the mark is published in the Trademark Journal, it is open for opposition to the general public for 3-4 months.
The trademark status will be updated as Opposed in case any third party opposes to the applied mark.
At times, the applicant voluntarily withdraws the trademark application if he/she does not wish to fight the opposition case. In such case, the status is reflected as Withdrawn.
When your application clears all these stages of inspection, a certificate of registration is issued by the Trademarks Registry to the applicant. The same is updated as Registered online.
If you do not use your trademark for 5 consecutive years after the issuance of the Registration Certificate or forget to renew your registration, then it can be ‘Removed’ from the Trademark Journal.
Know More: What is Removed and Withdrawn Status?
Since these stages depict the current status of your application, it is necessary to keep track of your application.
An application number is mailed to the applicant after the successful filing of the trademark application. This number is used to know the current status of your application.
Below are a few steps which will help you to track the status of your application.
Step 1. Go to the Trademark Status Watch and click on Trademark Watch button on the Trademark Search page.
Step 2.Enter the application number and click on the Check button to track the live status of your application.
Step 3. The status of your application will be displayed along with regular updates.
Different status of the Trademark Application Status at times require necessary actions to be taken by the applicant. You can always consult a professional attorney for responding to the court notices so that you do not miss out on anything important.