The arrival of web-based trademark registration has strengthened the efficacy and transparency of trademark filing. A trademark may stand incontestable after serving 5 years of tenure from the registration date. The trademark application undergoes a rigorous verification process through various stages before the authority stamps its approval. Knowing these stages, in brief, can help the applicant avoid complications in later stages. So let’s go ahead and learn about different trademark registration status that are shared with applicants accordingly via an online portal.
A Briefing on Different Trademark Registration Status
Status: New Application
It implies that the trademark application has been routed to the trademark application database.
Trademark Registration Status: Send to Vienna Codification
This step is meant for a non-text trademark application that entails an artwork or logo. A Vienna code is assigned to the trademark application immediately after filing if the trademark involves logo/figurative elements.
Trademark Registration Status: Formalities Chk Pass
The applicant usually comes across this status when all the fundamental requisites for trademark registration are passed,
In this step, the trademark registry probes the basic formality requisites such as
- Whether suitable translation/transliteration (if applicable) has been applied successfully
- Whether the Power of Attorney (POA) has been uploaded (if filed via an agent)
In case their fundamental requisites are met, the status info is manifested as ‘Formalities chk fail’. Once this is done, the trademark application undergoes a substantive examination. During this stage, the application may be subjected to certain objections as per Sections 9 and 11 of the Trademarks Act of 1999.
Read our article:Process of Trademark Registration: Step by Step Guide
Status: Marked for Exam
This status is prompted on the Indian trademark registry website when a trademark application is forwarded to an examiner for grant of the examination report. The trademark application is verified by the said official to determine whether the trademark is eligible for publication in the trademarks journal, preceding the registration.
The following checks are conducted to determine;
- Whether the applicant has followed a legitimate protocol for application filing.
- Whether the proposed trademark adheres to uniqueness or not
- if the proposed trademark is free from any disparities that are likely to contravene the Trademarks Act of 1999.
- Whether the proposed trademark lures any legal conditions or limitations.
The examiner will then grant an ‘Examination report’, which either entails objections, if any, or accepts the application. After this stage, it takes around 12-18 months for the examination report to be granted.
Trademark Registration Status: Objected
If the examination report confronts any objections raised by the examiner/registrar, the application’s status will read as ‘Objected’. Once the application is examined, the examiner/registrar may raise some objections under Sections 9 and 11 of the Trademarks Act.
To avert these objections, it is pertinent to manifest that the trademark is characteristically unique
and does not breach the applicable laws in any aspect.
This objection can be averted if the trademark has created a distinctive character because of its
extensive use. For this purpose, it is mandatory to furnish a user affidavit with legitimate
evidence that proves that the trademark has garnered distinctiveness over continued usage.
As per Section 11 of the Trademark Act, the examiner may raise objections against the proposed trademark based on similarity with existing trademarks. Under such a scenario, the said official issues a search report which entails the list of conflicting marks.
Status: Exam Report Issued
This status implies that the trademark application has been approved for publication in the trademarks journal before registration. The status also indicates that the trademark in question has been accepted in the first examination report, or after the objections have been addressed by the applicant via written submission or a hearing.
Status: Refused
This status indicates that the registrar/examiner doesn’t approve the application after considering the response of the applicant to an examination report. The authority may also share this status in the case where the proposed trademark has been successfully opposed by the third party. To counter this situation, the applicant can exercise their rights under Section 91 of the Trademarks Act which allows them to file the petition before the intellectual property appellate board (IPAB)
Trademark Registration Status: Adv Before Accepted
This status is shared with the applicant when a trademark application is published in the trademark journal before the registrar’s acceptance. This status enables any third party to raise objections against the trademark application within 4 months from the publication date in the journal.
In a case where an application is published before the registrar’s acceptance and no objection is recorded during the objection period, the application has to be considered by an accepting officer just before the issuance of registration certification.
Once this condition is fulfilled, the trademark status changes to ‘Advertised and accepted’, followed by ‘Registered’. The registration certificate is granted within 3 months of the expiration of the opposition period.
Status: Opposed
This status implies that an objection has been raised by the third partyin written against the proposed trademark. Such oppositions may come to light in case the proposed trademark contravenes the applicable law in any way.
The applicant can counter such a situation by filing a statement within 2 months from the date of receipt of the opposition notice[1]. The trademark application status changes to ‘Abandoned’ in case of nil response from the applicant in the said time frame.
Status: Withdrawn
This means that the applicant has dropped a request to withdraw the application voluntarily.
Status: Removed
Such a status simply suggests that the trademark has been successfully discarded from the trademark registry. Under this situation, the mark is deemed invalid from a legal standpoint.
Trademark Registration Status: Registered
This status confirms the issuance of a trademark registration certificate. It generally suggests that the registrar has given his/her consent to the trademark and has bestowed a trademark registration certificate.
Conclusion
Trademark registration is an extensive d a tedious process that involves various steps and in-depth scrutiny of details. At every stage, the status of the application will be shared with the applicant on the official portal. Regular updates can help the applicant to take pinpoint decisions related to IPR strategy. In case you seek more clarification on trademark registration status then don’t hesitate to confront us.
Read our article:How Can You Apply For Online Trademark Registration in India?
