Trademark FAQs: What is ‘Marked for Exam’ in Trademark?

A trademark application goes through several stages once it's been filed. ‘Marked for exam’ is the first stage (among several other stages) for trademark registration in India.

When the status shows as ‘marked for exam’, it means that the application has been assigned to a Trademark Officer, and is under examination (or due to be examined).   

Trademark Examination

The trademark officer inspects the application and checks if the application passes the obligations and contentions set by the Trademarks Act. Based on this, the officer will decide if the mark can be advertised in the Trademarks Journal. The following criterions are checked:

1.      Format and accuracy of the application form.

2.      Conflicting marks in the same/similar category of the good and services.

3.      If the mark satisfies the conditions laid down by the Act and qualifies for registration under the rules specified by the Trademarks Act, 1999.

4.      Limitations, conditions, and restrictions that need to be imposed against the mark (if any). If there is any other need for further evidence or explanations by the applicant.

No action is required from the applicant’s side when an application is ‘marked for exam’. The applicant would have to wait for the Examination Report.

 

Source: IP India

Next Steps (after 'Marked for Exam')

The Trademark Officer generates the Report once the examination is complete. This report will state the objection or acceptance of the application. In case of conflicting marks, a search report is also attached. In the current scenario, the Examination Report can take about twelve months to be generated. To avoid duplication of work, and to save time, it’s best to undertake a Trademark Search to ensure that your mark is distinctive and is not similar to the trademarks of similar products and services. 


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