Trademark Status:
After filing a trademark application, on an average, it takes at least 13 months to get your trademark registered at Trademark Registry, India. In this intermittent period, your trademark application goes through various stages, and you can check trademark status of which is reflected online.
Each time the trademark status is updated against your application number, it shows the stage at which your application is. It is important for you to know the status of your trademark application as some stages of a trademark application require you to take some action. This blog post will help you understand what each status means.
Check Trademark Application Status:
New Application: This means that the application has been entered into the database of the Trademark Registry. This is the first step after which your trademark application will be processed.
Send to Vienna Codification: This status is applicable only to the non-text trademarks. If a trademark contains a logo, label or artwork, then it is assigned a numerical code. This numerical code is in accordance with the Vienna Codification.
Formalities Check Pass: This means that you have complied with all the procedural formalities. Procedural formalities mean filing the Power of Attorney, providing translation where any document is not in English/Hindi and so on. If you have properly completed all the procedural formalities then your trademark status will reflect as Formality Check Pass.
Formalities Check Fail: If some procedural formalities (as listed above) are incomplete or if you have not satisfactorily complied with them then your trademark application status will show as Formalities check fail. You will have to comply the check fail mentioned by Trademark Registry.
Marked for Exam: This signifies the beginning of the legal process. This status means that your application will be taken up by an Examiner in order to determine its registrability. The Examiner will decide if your trademark qualifies for registration, according to the provisions of the Trademark Act.
Exam Report Issued/ Accepted: After the examiner conducts the examination the Exam Report is issued. Accepted means that the Examiner has not raised any objections and that your Trademark will be published in the Trademark Journal, prior to registration.
Objected: The Examiner can raise objections against the registration of your trademark; the trademark status will show as objected. If your trademark is objected then you must file a reply within one month from the date of receipt of the hard copy of the notice.
Refused: If the Examiner is not satisfied with the response then he can refuse the registration of your trademark.
Advertised Before Accepted: this means that your trademark has been published in the Trademark Journal. 'Before Accepted' means that your mark is published for allowing any third party to oppose your mark before acceptance of the mark.
Accepted and Advertised: This means that you Trademark has been advertised in the Trademark Journal. There are absolutely no changes that you need to make to the application.
Opposed: After the Trademark is advertised in the Trademark Journal a third-party has 4 months to oppose the published trademark. If there is a third-party opposition then the trademark application status will show as Opposed.
Send Back to EDP: EDP stands for Electronic Data Processing. In a trademark application, all the documents and data entry are digitized. Send Back to EDP means that there has been some error during data entry that needs to be rectified. This status does not require the Applicant to take any steps.
Send to PRAS: Pre-registration amendment section reflects when you have filed an amendment prior to the Registration of your Trademark. The Amendment may be to the proprietor name, address or the like.
Registered: Your trademark is registered under the Trademark Registry.
Abandoned: If you do not respond to the Trademark Registry within the stipulated time, your trademark application will be abandoned.
Withdrawn: After you voluntarily withdraw your trademark application, and status will shows as withdrawn.
Removed: A trademark can be removed from the Register of Trademarks. This may be because of non-renewal of the Trademark.
Therefore, it is important to check the trademark application status from time to time. Further, you can check your trademark application status here: trademark e-register, or you contact us to assist you to find the status of your trademark application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
