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In the era of startups and innovation, people increasingly use trademarks and other forms of Intellectual property to protect their rights. Trademark registration can save you from a lot of legal issues and prevent your competitors from replicating your brand name and goods. However, your job does not end at the application stage. It is equally important to conduct a trademark status search from time to time to take corrective actions at the right time. In this article, we describe how to apply for a trademark and how to check your trademark status.
A trademark is an Intellectual Property that provides a unique legal identity to any product, service, or brand. A trademark can consist of a symbol, a logo, a design, a word, a phrase, and an expression. A business organization, an individual, or a legal entity can own a trademark. In simple words, a trademark is a legally identifiable term of expression that can be used to differentiate products and brands from each other.
A trademark application number is a unique number that every applicant receives after applying for a trademark. The application details are available on the trademarks registry website. You must note down this application number as you might require it when checking the trademark status.
Listed below are the types of trademark statuses you might see on your trademark application -
This means that the application has just been received and is in the first stage. It is yet to be checked in detail.
It is an internationally accepted standard for logos and elements. Code is assigned on the basis of the nature of figurative elements in the logo.
At this stage of the trademark process, the Trademark Registry has accepted all the initial documents submitted with the application.
If the registry finds some issue with the trademark application or any discrepancies, then the status of the trademark application will be called ‘Formalities check failed’.
After completing the ‘Formalities check pass’ stage, the application will be sent to the Trademark Examiner, who is responsible for checking all the documents and the application thoroughly and ensuring it is complete in all aspects.
If the examiner raises objections to the application and issues an examination report, this report should be responded to within one month from the date of its issuance. In this case, the trademark status will read ‘refused’.
If the examiner is not satisfied with the response to the Examination Report or after a Show Cause Hearing, the application will be marked as 'Refused or Abandoned.'
In some cases, the trademark status may show 'Advertised before Accepted.' This indicates that the Trademark Registrar is still unsure about the nature of the trademark.
At this stage, the Trademark Registrar is satisfied with the nature of the trademark and approves its registration in the Trademark Journal, recognizing it as distinctive enough to qualify as a trademark.
After the trademark is advertised and published in the Trademark Journal, the public has 3-4 months to file any opposition. Any opposition submitted after this period will not be accepted. If a third party opposes the trademark within the given time, its status will be marked as 'Opposed.'
When the trademark status shows 'Opposed,' the applicant can choose to contest the opposition. If the applicant decides not to proceed, they can voluntarily withdraw the trademark application, and the status will be updated to 'Withdrawn.'
After the trademark application passes all stages of inspection, including the 'Accepted and Advertised' stage, the Trademarks Registry issues a certificate of registration to the applicant. The status is also updated on the website.
If a trademark is not used for five consecutive years after the registration certificate is issued, or if the owner fails to renew the registration, it can be removed from the Trademark Journal. At that point, the status will be updated to 'Removed.'
It is important to check the trademark application status online because if you fail to take the required action on time, it might waste time and money and can lead to legal issues. Checking the trademark application status periodically can help you take the required actions at the correct time without any delay.
You must check your trademark status every six months from applying to the date of issuance and even after registration. This helps you ensure that no legal formalities are pending from your side. All the post-registration documents have been submitted, and fees paid.
Periodic checking of trademark status helps applicants keep an eye on the misuse of trademarks. Routine checking helps ensure that you challenge any unscrupulous activity within time.
Below are the steps to check trademark status in India -
If you find registering a trademark intimidating, you can hire a CA and get your trademark registered without any hassle.
Regularly monitoring the status of your application keeps you informed about its progress and any necessary actions, ensuring you remain in control of the process. Keeping an eye on your trademark status allows you to respond swiftly to any requests or notifications from the trademark office. Failure to address an office action or notice in a timely manner could result in your application being deemed abandoned. After your trademark is registered, ongoing status checks help protect your rights by ensuring no third parties are attempting to cancel your registration or infringe upon it.
You can check your trademark status in India through the official website of the Intellectual Property India (IP India) office.
All you need to check your trademark status in India is the application Number. Knowing your class of goods and services, filing date, and applicant name will make the process easier.
The process of trademark registration is very lengthy, and it can take 24 months to get a trademark registered in a simple case without any opposition, rejection, or objection. In case of opposition, it might take even more time. However, you will get a trademark application number within 2 days of applying.
Here are the steps to download a TM certificate -
The fee for trademark registration by a company, as specified by the government, is Rs.9000 per application through online mode or Rs.10000 per application physically, and for individuals, it is Rs.4500 for each application through online mode or Rs.5000 per application physically for every class.
A trademark registered in India is valid for 10 years from the application filing date, as mentioned in section 25 of the Trademarks Act, 1999. However, the trademark registration can be renewed after expiry.
Jail of 6 months to 3 years and a penalty of Rs.50,000 to Rs.2,00,000 can be imposed if any trademark misuse occurs.
