Complete List of Different Trademark Registration Application Status

What is Trademark Registration?

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 help you market your products and create brand recognition.

Benefits of Trademark Registration

Here are the major benefits of trademark registration -

• Legal Protection - Trademark registration provides legal protection to the trademark owner. If any misuse of the trademark happens, the owner can contest it in a court of law. Once you have filed the trademark application, you can use the symbol TM. After receiving the trademark registration certificate, you can also use the symbol ‘R.’
• Product Differentiation - It helps the law differentiate between different products and brands. It makes sure that your brand is unique and that your customers are able to differentiate your products from that of your competitors.
• Brand Recognition - Trademark registration helps the customers identify your products and services, their features, benefits, quality, cost, etc. People generally identify a brand through its logo, which is trademarked.
• Asset Creation - Trademark registration leads to the creation of an asset for the company. These trademarks can be sold, leased, transferred, assigned, or franchised. Trademarks can also form source of income, and you can claim a depreciation deduction as it is an intangible asset.
• Goodwill Creation - Registering a trademark creates a positive brand image in the customer's minds. It increases your value and communicates the quality and features of your product.

How to Check Trademark Application Status?

Follow the below steps to check the trademark application status in India -

• Step 1. Access the official Intellectual Property India portal.
• Step 2. Opt for Trademark Application/Registered Mark option.
• Step 3. Select the National/IRDI number from the 2 options available.
• Step 4. Fill in the application number and the captcha.
• Step 5. Click View to see the application details and the trademark application status.

What are the Different Status of Trademark Application In India?

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.

Send to Vienna Codification
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.

Formalities Check Pass
When after examination, the registry establishes that the applicant has passed all the basic checks, the trademark status shows ‘formalities check pass.’ The trademark registry checks basic requirements, such as uploading the POA, translation, and applicant details.

Marked for Exam
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.

Objected
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
‘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.

Refused
If the examiner examines the trademark application and, after hearing the applicant’s response to the objection, he/she refuses the application, the trademark status shows ‘refused.’
The trademark status can also show ‘refused’ in cases when a third party is able to oppose the trademark application successfully. You can file a petition under section 91 of the Trademarks Act with the IPAB within 3 months of receiving the ‘refused’ status(.which may be extended by a period not exceeding 1 month)

Advertised Before Accepted
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.’

Opposed
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.’

Withdrawn
In case the applicant withdraws the trademark application on a voluntary basis, the trademark application status shows ‘withdrawn.’

Removed
Any registered trademark that is removed from the trademarks registry either because of expiry, rejection, or withdrawal will show the status ‘removed.’

Registered
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.