Trademark is, as defined under the Trademark Act,1999, “a mark capable of being represented graphically & which is capable of distinguishing the goods/services of one person from of others & may include the shape of goods, their packaging & combination of colors”. In other words, a trademark refers to any word, sign, design, phrase, logo, or symbol which helps distinguish and differentiate the goods/services of one person/organisation from another. There are many intellectual property rights attached to a trademark and it is imperative that one registers one’s Trademark with the Trademark Registry to acquire ownership over the Trademark and further prevent others from its unauthorised usage. Once an application is made to the Trademark Registry, the Registry takes about six to twelve months to assess and decide upon the application. During this period, it is prudent that the applicant stays aware of the status of the Trademark Registration Application and can check the same on the official website of IPINDIA. Scroll down to check more information regarding the status of the Trademark Registration Application in India.
Steps Involved in Checking the Status of Trademark Registration Application
Following are the steps involved in checking the status of Trademark Registration Application:
- First, you need to visit the official website of IP India.
- After visiting the IP India website, click on the Trademark Application/Registered Mark option.
- Once you click on the Trademark Application/Registered Mark option, two options will pop up. Click on the IRDI Number option.
- Fill in the trademark application number along with the captcha code provided on the screen. Once these details have been adequately filled in, click on the View option.
Different Types of Status of Trademark Registration Application
Once the above steps are followed, one can check the status of the trademark Registration Application. However, there are many stages that a trademark application goes through before the mark can be registered. These stages have been explained briefly ahead to get a clearer understanding of what exactly the status of the Trademark Registration Application is.
- New Application
This means that the application is in its very nascent stage and has just been received into the database. The application is yet to be assessed.
- Send to Vienna Codification
When the Trademark has artwork or logo or figurative elements and is not textual, a Vienna Code is granted to it once the trademark application is received by the Registry and the same is decided according to the nature of the figure/logo. The Vienna Code Classification is a globally recognised standard for non-textual trademarks and is assigned by the Registry.
- Status: Formalities Check Pass
This means that the Registry has accepted the preliminary filing of documents which are submitted along with the trademark application and the basic filing procedures have been correctly done. The application is ready to be processed now and the application now undergoes examination. During this period, objections under Section 9 & Section 11 of the Trademarks Act,1999, can be raised.
- Status: Formality Check Fail
This means that the Registry has not accepted the preliminary filing of documents which are submitted along with the trademark application as it noticed some flaws in the application or documents or has queries regarding the same. These must be rectified or answered by the applicant for the application to be processed forward to be examined.
- Status: Marked For Exam
After the application passes the formality check, it is sent to the Trademark Examiner, where it is scrutinised to check whether the mark can be published in the Trademark Journal or not. The Examiner checks whether all procedures for filing have been adhered to, whether the Trademark can be registered according to the Trademark Act or whether any condition or restriction ought to be imposed.
An examination report either objecting or accepting the application would be issued after this stage.
- Status: Awaiting Reply to Examination Report
This means that the examination report has not been issued by the Examiner yet. It might take anywhere between 12-18 months for the report to be issued.
- Status: Objected
This is the important status of Trademark Registration Application. This means that the Examiner has raised objections to the trademark application in accordance with Section 9 & Section 11 of the Trademarks Act,1999 if the Examiner feels that the Trademark is either descriptive or indicates the nature or quality of the goods or services it is attached to or it is deceptively identical or similar to an existing trademark in terms of identical goods or services. It is on the applicant to refute these objections with cogent evidence through written submissions or hearings.
- Status: Exam Report Issued
This status shows that the Examiner has accepted the Trademark,after examination or after the objections made to it were cleared by the applicant and mentions when the same would be published in the trademark journal.
- Status: Refused
This means that the Examiner or Registrar has refused the application after hearing the applicant on the objections raised in the report or that the application has been successfully opposed by thethird party. This status can be appealed against in accordance with Section 91 of the Trademarks Act,1999.
- Status: Advertised before Accepted/ Accepted and Advertised
When the status is “Advertised before Accepted” it means that Examiner is unsure as to the nature of the Trademark and would have it advertised in the journal to allow any third party to oppose the application within 4 months.
When it is “Accepted and Advertised”, this means that the Examiner is convinced as to the nature of the trademark application and has accepted the application and has published the advertisement in the journal, which can be opposed within 3 months from the date of the advertisement.
- Status: Opposed
When the advertisement is made in the journal and a third party opposes the Trademark on the grounds that the Trademark is either descriptive or indicates the nature or quality of the goods or services it is attached to or it is deceptively identical or similar to an existing trademark in terms of identical goods or services, the status would be “opposed”. A notice is sent to the applicant to reply to opposition within two months of receipt of the notice, failing which the application would be “Abandoned.”
- Status: Withdrawn or Removed
If the applicant withdraws the application, it will show “Withdrawn” and if the same is removed by the Registry because the Trademark has not been used for five years or the application has not been renewed every 10 years as required, the status would show “Removed”.
- Status: Registered
This means that the Trademark Registration Certificate has been issued to the applicant by the Registry and the applicant is the owner of the Trademark and is free to use the Trademark.
The Trademark of a brand is an integral part of its business, identity and goodwill associated with the business. It is imperative that one gets their Trademark registered so they can freely use it with and in connection to their goods or services and prevent unauthorised usage by others. Trademark registration is a lengthy process and can be quite tricky and taxing, so it’s prudent to be well aware of the processes involved and be prepared accordingly.
Read our Article:Complete List of different Trademark Registration Status