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After you apply for a trademark, the application goes through multiple stages throughout its examination process. Each of these stages shows a different trademark application status. This article discusses the meaning of these trademark application statuses.
Trademark registration refers to a process by which a product, service, or brand can be legally differentiated from the competitor’s products. A trademark can be any phrase, design, word, symbol, logo, or sound. However, common names or abbreviations cannot be used as trademarks. Before applying for a trademark, you must make sure that it is distinctive and helps you market your products and create brand recognition.
Here are the major benefits of trademark registration -
When you check your trademark application status, you might see a number of statuses. The types of trademark application status in India are listed below, along with their meanings.
This is the initial stage of trademark application registration, where the trademark registry office has received the application, and it will undergo various stages of examination.
The Vienna codification status is used in the case of trademarks that do not contain any text but only a logo or artwork. As soon as a trademark for a logo or a symbol is filed, a Vienna code is assigned to it. The registry conducts the Vienna codification process and searches logo-based trademarks.
After the examination, the registry establishes that the applicant has passed all the basic checks, and the trademark status shows ‘formalities check pass.’ The trademark registry checks basic requirements, such as uploading the POA, translation, and applicant details.
When an examiner is assigned a trademark application for issuing an examination report, the trademark status shows ‘Marked for exam.’ The examiner checks the application in accordance with the Trademarks Act of 1999 and the availability of the trademark. The examiner also examines whether the application needs to be opposed or rejected. If everything is appropriate, the examiner then issues an examination report.
If a similar trademark is registered or the application contains objectionable words, the examiner can raise an objection to the application. If the examiner raises an objection to your trademark application, your trademark application status will show ‘objected.’
You can avoid the ‘objected’ status by establishing that your trademark is unique and distinctive from the existing ones. You need to give sufficient evidence to prove it.
‘Exam report issued’ status is shown when your trademark application is approved to be published in the trademarks journal. It signifies that the trademark application has been accepted in the initial examination after the resolution of all the objections via a hearing or a written submission.
In some cases, where the applicant has failed to respond to the objection and the objection remains unresolved, the application may be refused or abandoned. This means that the restoration process has been terminated due to unresolved or unattended objections. You can file a petition under section 91 of the Trademarks Act with the IPAB within three months of receiving the ‘refused’ status(which may be extended by a period not exceeding 1 month)
If any trademark is added to the trademarks journal and advertised there, the status of the trademark application shows ‘Advertised before accepted.’ Any third party can oppose such trademark application within 4 months of being advertised.
If no opposition is lodged against the trademark, the trademarks officer has to accept the trademark application before issuing the certificate. Once the certificate is issued, the status changes to ‘advertised and accepted’ and later changes to ‘registered.’
If a third party opposes the application within 4 months of the advertisement date, then the trademark application status will be ‘opposed.’ A third party is most likely to file an opposition only if the trademark application is not unique or similar to another trademark already in use.
If the applicant forgets to file a counter statement within 2 months of receiving the notice of opposition, the trademark status will change to ‘abandoned.’
In case the applicant withdraws the trademark application on a voluntary basis, the trademark application status shows ‘withdrawn.’
Any registered trademark that is removed from the trademarks registry either because of expiry, rejection, or withdrawal will show the status ‘removed.’
When the trademark is finally approved, and a registration certificate is issued to the applicant after all the opposition, the status shows ‘registered.’
Understanding the different types of trademark application statuses and finding the appropriate reply for each status can be intimidating. Hiring an eCA will help you ensure hassle-free trademark registration.
When you file a trademark application with the Indian Trademark Office, you receive a filing receipt. This receipt includes your application number. If you lost your receipt, you can find your application number in the trademark journal when your application is published for the opposition.
After receiving the official trademark application number. he/she can file a request to expedite the application process for trademark registration in Form TM-M.
A trademark application requires a minimum of 18-24 months to get approval if the application is accepted without any opposition or objection. However, if any opposition or objection is raised against the application, it might take more than 24 months to approve your trademark application . However, the trademark application number is usually issued within one or 2 days after filing
Even though a TM can be used without registering, using it without registering will not provide legal protection against its infringement, and your competitors can still copy your logo.
