Understand Different Types of Trademark Registration Status in India

A trademark is a symbol that is used to identify and distinguish products and services. It separates a source's products from those of other sources or competitors. It must be registered as a trademark in India under the Trademark Act 1999 in order to protect the mark and prevent others from using it. A trademark registration application can be filed with the Trademark Registry by anyone who wants to register a trademark.

Trademark Registration Status: 

New Application

Once the application is filed along with the requisite fee then the status of the application shall be New Application, it means that new application has been received by the Trademark Registry. Thereafter, they will scrutinise the application to proceed further

Invalid

When the application has been filed but the requisite fee has not been paid by the applicant then its status will be incomplete and it will get rejected.

Withdrawn

If the trademark applicant withdraws the trademark registration application for any reason then its status will be treated as withdrawn and it will get independent.

Formalities Check Pass 

The Trademark Registry shall check the application thoroughly. The registry examines to check whether the application has been filed correctly or not. However, when it is correctly filed then its status shall be changed from New Application to Formalities Check Pass.

Formalities Check Fail 

If the Trademark application is filed wrongly according to the Trademark Registry. Then the status shall be changed from New Application to Formalities Check Fail. Lastly, the Registry shall intimate the same along with reasons to the applicant. Thereafter, the applicant can make the concerned amendments in the application by filing a trademark amendment application.

Send to Vienna Codification 

When the trademark application has been filed to register a logo as trademark then the application shall be checked as per the Vienna Codification.

Marked For Examination

When the formative check of the application is passed then the application shall be checked by the Examiner of Trademarks and the status shall be “Marked for Exam”.

Accepted/Objected

As we know, an examiner of trademark scrutinises the trademark application. At the time of examination, if the examiner is satisfied that the application is valid and satisfied all the requirements. Then the Examiner shall accept the application and its status shall become “Accepted”. Likewise, when the examiner is not satisfied with the application or finds the mark as identical or similar with any other mark then it shall object to the application. Subsequently, it shall send the objection in the form of an Examination Report to the application for intimating the grounds of objection and for giving the opportunity of being heard and thus the status shall be changed to “Objected”.

Examination Report Issued

As soon as the application is accepted by the Examiner of trademark then status shall show Examination Report Issued.

Ready for Show cause hearing

When the application has been objected to and a court hearing has been requested by the applicant or by the examiner then they shall be ready for a show cause hearing.

Abandoned Application

When the applicant fails to serve the reply of the examination report or any other response asked by the examiner within the prescribed time-limit then the application shall be abandoned and it shall show as rejected

Advertised before acceptance 

When the application is accepted by the examiner of trademarks then the examiner shall publish the application in the Trademark Journal without any user evidence. Additionally, it is done in order to call any objections or queries against the same. Therefore, the trademark status will be “Advertised bef acc” till the application for the prescribed period.

Accepted and advertised 

When the application is published by the trademark registry in the trademark journal with user evidence then the status of trademark application shall be Accepted & Advertised.

Opposed, Opposition withdrawn

When the application has been published in the trademark journal and if it is opposed by any of the third parties then its status will be shown as Similarly when the third party withdraws its objection then its status will read as Opposition withdrew.

Refused

When the Trademark Registry rejects the application after a thorough examination of the application then the status of the application shall be refused.

Registered

When the application is fully accepted and the application has gone through all the steps of registration and when finally the registration certificate is issued then its status will be Registered.

Conclusion

Trademark Registration is very important nowadays, to protect your brand. Registration of a Trademark is a lengthy and complex process, so it is very recommendable to check the status of your trademark regularly. Online Legal India is one of the most trusted platforms and its experts have catered a lot of clients till now. Most of the clients are very happy with the service they got from Online Legal India.