The trend of trademark registration online in India has enhanced the transparency and effectiveness of filing trademark in India. Now, we can track the status of trademark application online and the trademark expert can take various actions on the basis of current status of the trademark application. In this article, we will focus on the meaning of the trademark, trademark registration and on the complete list of different Trademark Registration Status.
What is trademark?
Trademarks are a distinctive and special signs that are used for identifying goods or services of a particular company from a different one. They can be symbols, designs, signs, logos[1], pictures and also includes expressions. Trademark protection is important because it differentiates the products from that of the competitors. Trademark can be linked with the product and the brand of the enterprise. Trademarks are classified under intellectual property rights and are protected under the Trademark Act,1999.
For getting your trademark rights protected, it is necessary that you should get your trademark registered. Trademark registration is important because it prevent the competitors from misusing, copying and misrepresenting your mark with their products. Trademark helps the customers to distinguish and identify the brand value and the brand value such as a jumping cat for Puma and a logo of tick sign for Nike etc.
Read our article:Overall Trademark Registration in India
What is the procedure for Trademark registration ?
Trademark of Registration is done by the registry of trademarks. There are few steps to follow when we plan for registering a trademark which are given below:
- Choosing a trademark:
It is important to choose a distinctive and unique mark that you decide for representing your company and to identify the class you belong to. Presently, there are approx 45 classes of goods and services in which the registration of trademark can be done.
- Mark search:
The next most important step is to conduct a search and check the mark you have chosen. It is important to check that your chosen mark must not be similar to any already registered trademark. The search can be done online, on the website of the Controller general of trademarks, patents, and designs. There is an option to do public search on the website. After clicking on the option you will have to choose the class and then search on the online database.
- Filing application:
There are two options while filing for a trademark and those are:
- The trademark shall be registered only for the particular class that we choose when we file for trademark under “one” class.
- The second option is to file for various series of trademark or collective trademark or multiple classes of trademark.
The following documents together with the application shall be submitted for online registration of trademark:
- Filing the application of trademark name registration
- Examining the process of the trademark name application
- Publication in the Indian Trade Mark Journals
- The trademark registration certificate issuance
What are the list of Trademark Registration Status?
For knowing the current status of the trademark registration status, we have to search it on the Trademark Public Search. The different Trademark registration status and its meanings are as given below:
New Application– The new application has to be filed with the trademark office.
Formalities Check Pass– When the application is correctly filed and is complying with all the formalities.
Formalities Check Fail– when the application is not correctly filed and you will have to adhere or correct the failure by filing an amendment form.
Send to Vienna Codification– If the application contains label or logo then it is given a numerical code and the data is organized according to Vienna codification.
Marked for Exam– The application will be checked by the Examiner of Trademarks and he will decide whether the application qualifies with the requirements of the Act.
Objected– When the application is objected by the Trademark Registry the applicant has to clarify the objection with a reply.
Exam Report Issued– This report would contain that whether the application has been accepted or any other inquiry has been raised by the examiner.
Ready for Show Cause Hearing– when the application is issued for hearing in the Court and the applicant has to explain the reasons that why it must not be abandoned.
Abandoned– when the applicant fails to give response within the given time then it is marked as abandoned.
Advertised before accepted – when the trademark is published in the Journal but third party can oppose the mark before it s finally accepted.
Accepted & Advertised– when the trademark is finally published in the Trademark Journal with the user evidence.
Opposed- When the third party files application for opposition to Trademark Application.
Registered- thetrademark has been successfully registered.
Refused- Application is refused if the examiner is not satisfied.
Invalid- An Application fee is not submitted.
Withdrawn– the trademark application has been voluntarily withdrawn.
Rectification Filed– The third party files the rectification application to remove the trademark application from the Trademarks Registers.
Accepted– Trademark accepted.
Cancelled– Trademark application has been cancelled.
Appeal- when any appeal is pending before the IPAB on the examiner’s order.
Review– A Review petition is filed after passing of an order by the examiner.
Gone to court– When the Trademark Application is gone for dispute in the court.
Stay of Registration– the IPAB or the Court has stayed the Application status.
Opposition Withdrawn– The third party has withdrawn his opposition application.
Conclusion
Therefore, it is important to keep a check on the trademark registration status from time to time so as to know the objections and reply within the fixed time period. Trademark registration status ensures that the registration gets successfully completed so it is necessary to keep a check on that so as to avail the trademark protection.
Read our article:How Can You Apply For Online Trademark Registration in India?
