How To Check Trademark Status
A trademark is a recognizable phrase, word, symbol, or sound that denotes a particular product, distinguishing it from all other products in the market. It is something that recognizes enterprises’ ownership of the Product’s name/ Trademark.
Trademark Registration Applications
An application must be submitted in the prescribed form TM-A to the Registrar of Trademarks to register that particular trademark along with The prescribed fees. It is advisable to keep checking the trademark status because there are examples when the applicant may have to act upon the same to confirm the trademark gets registered soon.
How to Check Trademark Status
Once the application is submitted, the status of the trademark may be checked as follows:-
Step 1: Log on to the website –http://ipindiaonline.gov.in/eregister/eregister.aspx.
Step 2: On the left side of the page, the first option that reads ‘Trade Mark Application/Registered Mark’ is to be selected. Once it is set, two options appear. National IRDI Number is to be clicked on.
Step 3: Next, the trademark application number has to be entered. Additionally, the captcha code also needs to be entered correctly. Once the details are entered, click on ‘View’.
Step 4: Once the ‘View’ button is clicked, the website will display the status of your application.
Different types of trademark status
Generally, an application of any kind always goes through several stages of checking and scrutiny. It is the same in the case of the trademark application. Understanding what each type of status conveys is vital to understand the action taken in the case.
New application
When the status reads ‘New Application’, the application has just been received for further scrutiny. This is the initial stage of the application. It is yet to be checked in detail.
Send to Vienna Codification
Vienna Code Classification is an internationally accepted standard for logos and their elements. The Code is assigned based on the nature of the symbolic elements in the logo.
Formalities check pass
This trademark stage means that the Trademark Registry accepts all the initial/preliminary documents submitted along with the application. In other words, there are no problems whatsoever with the papers presented.
Formalities check to fail
Suppose the Trademark Registry finds any issues or discrepancies with the application initially submitted along with the application by the applicant. This can be a result of the incompleteness or ambiguity of the previously supplied documents. In that instance, the status will be displayed as “Formalities Check Fail.”
Marked for exam
After a preliminary review, if the trademark receives a “Formalities Check Pass,” it will be submitted to a trademark examiner who will carefully review all the supporting materials and the application to make sure it is accurate in every way.
Objected
If the trademark has this status assigned to it, the examiner has raised specific objections about the trademark and its registration. In this case, the examination report must be answered within a month of its issuance. The trademark status shall read’ Refused’ if the reply isn’t given within the stipulated time.
Refused or abandoned
If the examiner is not satisfied with the reply to the Examination Report or even after a Show Cause Hearing, he will stamp the application as ‘Refused or Abandoned’.
Advertised before accepted
There are also cases where the trademark status reads ‘Advertised before Accepted.’ This means that the Trademark Registrar is not yet convinced about the nature of that particular trademark.
Accepted and advertised
In this stage, the Trademark Registrar is satisfied with the nature of the trademark and thereby allows the trademark to be registered in the Trademark Journal as it is distinctive enough to be recognized as a trademark.
Opposed
Once it is advertised and published in the Trademark Journal, the general public is given a time of 3-4 months to respond in terms of opposition to the trademark. Any such opposition after the stipulated period will not be considered. However, where there is opposition from a third party, the status of the trademark shall read as ‘Opposed.’
Withdrawn
Once the trademark status reads as ‘Opposed,’ the applicant can choose to fight the opposition case. If the applicant decides not to fight the case, they can voluntarily withdraw the trademark application. The status of the trademark will read ‘Withdrawn.’
Registered
Once the trademark application is cleared through all stages of inspection and the ‘Accepted and Advertised’ set, a certificate of registration is issued to the applicant against his/her application by the Trademarks Registry. At the same time, the status is updated on the website as well.
Removed
The trademark may be deleted from the Trademark Journal if it has not been used for five years in a row following the issuing of the Trademark Registration Certificate or if the trademark owner forgets to renew the trademark registration. Right now, the status should say “Removed.”
Therefore, it is always advisable to take time and provide clear documents to avoid any sort of delay regarding the registration of the trademark.
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