Trademark

How to Check the Trademark Status?- Everything you need to know

calendar08 Jan, 2021
timeReading Time: 5 Minutes
Trademark Status

In this Article, we will learn the steps following which you can easily learn the status of your Trademark. However, first, let us brief you a little about what is a trademark and the different status of Trademark. The knowledge and exact meaning of different Trademark status helps us to deal with every status in the proper and relevant manner.

A trademark is also popularly known as brand name in the layman’s language. It is a symbol that represents a company. It can be a word, a picture, a letter, label, device, or a blend of everything that has been stated. It acts as a tool using which the general public can differentiate between the goods and services offered to them.

It is always suggested to choose a trademark that is easy to remember, express and short. The best trademarks are usually created by originating the words or forming an exclusive geometrical design. Trademarks in India are classified into two classes that is Goods (Class 1 to 34) and Services (Class 35 to Class 45).

Different Types of Trademark status in India

Various Trademark Status in India are explained below-

Types of Trademark status
  1. New Application– It means that a new Application for the registration of a trademark has been filed in the Trademark office.
  2. Formalities Check Pass– It means that the application has been filed correctly.
  3. Formalities Check Fail– It means that the application has not been filed in the proper manner and amendment form may be filed.
  4. Send to Vienna Codification– If Application contains logo then it’s data is sorted as per Vienna codification.
  5. Marked for Exam– It means that the application will be examined by the Examiner.
  6. Objected– It means that the application has been objected by the Trademark Registry and an examination report has been generated, to which a reply is required in a reasonable period of time.
  7. Exam Report Issued–It means that either the application has been accepted or some other query has been raised by the examiner.
  8. Ready for Show Cause Hearing– It means that the application has been issued for hearing.
  9. Abandoned– It means that if the reply to the examination report has not been provided within the given time period then it is marked as abandoned.
  10. Advertised before accepted– The trademark has been published in the Trademark Journal without user evidence.
  11. Accepted & Advertised– The trademark has been published in the Trademark Journal with user evidence.
  12. Opposed– It means that an opposition to Trademark Application has been filed by third Party regarding the registration of the trademark.
  13. Registered– It means that the trademark you have applied for has been registered successfully.
  14. Refused– It means that the application is refused by the department.

Procedure to Check Trademark Status Online

Now, let us learn the process using which you can check the status of the trademark you have applied for.

1. Firstly, you have to type www.ipindia.nic.in on your web browser and press enter.

Procedure to Check Trademark Status Online

The above-mentioned page will appear on your screen.

2. Now, that the screen has appeared, you have to click on the “Trademarks” section, which is in bright blue colour.

Trademarks” section

This page will appear on your screen.

3. Now, place your cursor on the related links, and the following options will appear.

Trademarks

4. To learn the status of your trademark application, click on trademark status, and a message saying that “You are about to proceed to an external website. Click on Ok to proceed” will appear on your screen. Click on YES to move forward. After you click on YES, the following screen will appear.

Click on Ok to proceed

5. Click on the Trade Mark Application/ Registered Mark option, and the following screen will appear.

Trade Mark Application

6. Now, choose National IRDI Number, and the following screen will appear, in which you can type the application number of the trademark whose status you wish to check. Though, you have to make sure to type the code correctly (This is to ensure, that you are a human, and not a robot)

National IRDI Number

7. Once, you have filled the application number and the code shown correctly, the entire status of the trademark will appear before your screen.

How to Do the Public Search of a Trademark?

This is done to check that how many similar or identical trademarks are already registered.

1. For this, you have to click on the public search mentioned in the related links.

Public Search of a Trademark

2. Upon clicking, a message saying “You are about to proceed to an external website. Click on Ok to proceed” will appear on your screen. Click on YES to move forward. After you click on YES, the following screen will appear.

proceed to an external website

3. You have to type the name and class of the trademark you want to learn more about. Suppose you type cipla, a trademark that belongs to a pharmaceutical company, then its class must be 5. Upon typing the same, the following result will appear.

 class of the trademark

How to Check the Class of a Good or a Service?

To check the class of a good or service for your registered Trademark in order to examine your Trademark Status, following Step is required to be followed-

1. Click on classification of goods and services from the given options.

Check the Class of a Good

2. Upon clicking, a message saying “You are about to proceed to an external website. Click on Ok to proceed” will appear on your screen. Click on YES to move forward. After you click on YES, the following screen will appear.

Click on Ok to proceed

3. Now, suppose we type ice cream in the Search term, the following result will appear, informing us about the class under which the term ice cream falls.

class under which the term

Conclusion

To check the status of the trademark, one must have an understanding of the Trademark Status, so that, the hindrance can be tackled accordingly and in a fair manner. Using the above steps, you can check the status of your trademark registration application and can have prior knowledge before applying for the trademark.

Read our article: Misconceptions Relating To Trademark Registration in India

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