Kinds of Trade Mark Status in India
Getting a trade mark registration is a lengthy process. It includes multiple steps from the filing of a trade mark application to its successful registration. If you know the meaning of types of each trade mark status then it gets easier to understand the stage of your trade mark application. Below is the list of important trade mark statuses that you should be aware of.
Different Trade Mark Statuses During the Trade Mark Registration Process
Status change in a trade mark application is visible after filing the trade mark application. Below is the list of different kinds of trade mark statuses.
1. Send to Vienna Codification –
The trade mark status applies to brands that contain a logo, label or artwork. This trade mark status applies to brand names that do not contain words/ combinations of letters in their logo but a creative design. Such trade marks are generally classified into categories, divisions and sections. The Applicant is not required to perform any action at this stage.
2. Formalities Chk (check) Pass –
This trade mark status appears when the application fulfils the requirements of trade mark laws of India. This merely means that the information filled in the trade mark form as well as the document/s submitted in the trade mark application is error-free.
Formalities/ requirements related to a trade mark application include –
- Submitting a complete trade mark application. Don’t miss submitting any application-related documents as it may cause trouble during the application process in the later stages.
- Error-free filling of forms. Suppose, there is dissimilarity in the application form and the documents submitted at the Trade Marks Registry. In that case, the Trade Mark Registry may fail the application for non-submission of proper documents and the applicant will have to submit the necessary documents again.
- Attestation of necessary documents along with every government form related to the trade mark application.
- Proper stamping and notary in the trade mark documents wherever necessary.
The application moves forward in the process if every document is in line with the necessary guidelines and rules.
3. Formalities Chk (check) fail –
According to this trade mark status, the trade mark application fails to meet the necessary rules and regulations. This means there are errors in the trade mark application. One should keep in mind the points listed above while filing a trade mark application.
There are very few reasons for this trade mark status in any application. Below is a brief list of possible reasons for a formalities check fail –
- If some document is not filed at the Trade Mark Registry at the time of submitting an application.
- If there are errors in the filing of any of the documents or in the forms.
- It is likely that the document does not carry a stamp and notary on important documents.
4. Marked for Exam –
This means that your application is in line with the rules and guidelines of the trade mark application therefore it is moving ahead for trade mark examination. The Trade Mark Registry checks the trade mark application for any discrepancies. The formalities check ensures that every piece of information filed at the time of filing the application is free of errors whereas, the trade mark examination at this stage ensures that the trade mark does not contain any technical errors such as –
- Whether the trade mark is distinctive in nature?
- Whether the trade mark is directly related to the goods and/or services of trade?
- Whether the trade mark is obscene or immoral?
- Whether the trade mark applied for goods and/or services are dissimilar to the business activities of the applicant?
5. Examination Report Issued –
The Trade Mark Registry issues a trade mark examination report. In the examination report, there are objections related to the structure and the form of trade mark. The applicant should submit reasonable justification for objections raised in the examination report.
Know more about the meaning of trade mark objections at what is trade mark objection and how to file a trade mark objection reply?
6. Objected –
The trade mark status means that there are objections against the trade mark application from the side of Trade Marks Registry. The applicant shall address the same within the given time frame. The timeline to respond to the trade mark application is one month from the date of issue of the examination report. However, the applicant may request an extension of time for filing a response to the examination report. The trade mark application will move forward only when the Trade Marks Registry is satisfied that the trade mark applied for is fit to proceed toward trade mark registration.
7. Accepted –
This status means there is no office objection in the trade mark application. This particular trade mark status remains there for a brief time. After this status, the trade mark application will go for publication in the weekly trade marks journal. At this stage, the applicant is not required to take action but keep a watch on the progress of the trade mark application.
Note: The trade mark application remains either accepted or objected after completion of the examination.
8. Adv. (advertised) Before Accepted –
At this stage, the trade mark application is in the records of the trade mark journal. Any third party can pursue opposition against the trade mark application. A trade mark application remains open to opposition for a period of four months. This is a mandatory four-month freezing period where any third party can oppose the registration of such trade mark application. If no third-party opposition is received against the trade mark application it is accepted and advertised.
9. Accepted and Advertised –
This trade mark status appears at the pre-final stage of trade mark registration. At this stage, the applicant does not need to pursue any action but wait for change of status of the trade mark application to Registered.
10. Ready for Show Cause Hearing –
The trade mark status merely means that response to the examination report is not satisfactory therefore the Trade Mark Registry is transferring the trade mark application for a hearing. The applicant presents their case during a hearing as to why the trade mark application should move forward in the registration process.
Ideally, the applicant attends the trade mark hearing on the date fixed by the appropriate Trade Mark Registry. If the applicant does not represent themselves in the show cause hearing then the Trade Mark Registry will abandon the application and it will not move forward in the registration process.
The Trade Mark Registry allots a date of hearing on which the applicant represents themselves to present their case. In case, the applicant does not attend the show cause hearing then the Trade Mark Registry will allot a new date for trade mark hearing. Further, if this happens more than three times with insufficient reasons then the trade mark application may move for cancellation.
It is important to note that if the applicant is not present during the show cause hearing, then they can request a new date of hearing, simply by submitting a letter of request. Nowadays, a precise and simple mail to the Registrar of Trade Marks before the date of hearing is sufficient for a letter of request.
However, the allotment of a new date of hearing is at the discretion of the Registrar of Trade Marks.
11. Registered –
The Trade Mark Registry registers the trade mark when the application is free from all procedural as well as legal requirements.
12. Opposed –
Once the trade mark application comes on the record in the trade mark journal, the trade mark application remains open for trade mark opposition from any third party. During this time, if according to any third party, the trade mark application is not rightly existing in the records of the trade mark journal then such a party can oppose the trade mark application.
13. Abandoned –
This trade mark application status means the Trade Mark Registry is no longer prosecuting the trade mark application. It means that the applicant has stopped pursuing the trade mark application. Either the applicant has delayed in filing a response to the examination report at the time of the examination process or the applicant has missed complying with any such similar requirements of the Trade Mark Registry.
14. Withdrawn –
This is for the voluntary withdrawal of the trade mark application. This will be the status of the trade mark if the applicant raises a request for withdrawal of the trade mark application. After the withdrawal of a trade mark application, one cannot restore it. Lastly, the applicant can raise a request for trade mark withdrawal at any point in time before the trade mark is registered.
15. Removed –
A trade mark application is removed from the register of trade marks when the trade mark applicant does not comply with any of the requirements of the Trade Mark Registry. For example, if the trade mark applicant misses renewing the trade mark application, the trade mark application will be removed.
Above is the list of trade mark statuses that may appear on your trade mark application at various points of time during the lifecycle of the trade mark registration process.
It is not enough to know about different kinds of trade mark status if you are unaware of how to check trade mark status in India. Therefore, we are providing you with a bonus guide of a step-by-step process of checking trademark status on the official trademark portal of India.
How To Check Trade Mark Status on IP India Website?
It is important to stay updated and perform a status check on the official portal of the Intellectual Property website.
Primarily, one is required to access the official portal of Intellectual Property India using this link, https://ipindiaonline.gov.in/eregister/eregister.asp
Once, the official website of the Trade Mark Registry is open, the applicant is required to opt for the ‘Trade Mark Application/ Registered Mark’.
After selecting the correct option from the taskbar, the applicant can select the option of National/ IRDI Number appearing on the screen.
At this stage, you are required to input the application number in the right fields and input the code/ or the captcha and click on ‘View’ to see the application status and other necessary details. At the time of filing the trade mark application, you have received the application number.
It is important to keep track of the status of your trade mark application. If you follow the steps listed above, it will become easier for you to track your trade mark status. An important piece of advice would be that managing a trade mark application is a complex process therefore it is advisable to seek expert advice while filing a trade mark application. LegalWiz.in has a reliable team of professionals who can guide you through the process of trade mark registration without much hassle.
Rohan Sharma is a lawyer with a flair for writing. Rohan has a special interest in the domain of Intellectual Property Rights and possesses an extensive experience in the fields of trademarks, copyrights and industrial designs. Aiming to understand the intricacies of law as a concept and its symbiosis with advancing technology and changing societies, the author seeks to examine the nuances of law.
Leave A Comment