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TRADEMARK APPLICATION STATUS

Trademark application status

A trademark application is submitted in the department in the Form TM-A with prescribed government fees and necessary documents. A trademark application  Status after successful filing has to be constantly monitored to get the fruitful result as department may raise objection during the registration process. Timely action for any objection is imperative to accelerate the registration process.

HOW TO CHECK TRADEMARK APPLICATION STATUS

Searching status of  an application is not tough, any person having knowledge of online search can easily check the trademark application status. The steps to be followed are mentioned below:

  1. Log on to the website ipindia.gov.in/ e-gateways.htm#comprehensive-e-filing.
  2. On the homepage,Several tabs offer different IP Services.Select the ‘Trademarks’ tab on the header.
  3. In the’Related Links section,choose ‘Trademark Status’,or select’Trademark Status’from the four options displayed on the screen.
  4. A page will open, on the left side of the page, the first option that reads ‘Trade Mark Application/Registered Mark’ is to be selected. Once it is selected, two options appear. National IRDI Number is to be clicked on.
  5. Enter the application no with captcha and select view.
  6. A page will open, where you have to click the application no and selecting the same, immediately E-Register main page will open showing the actual status of the application.

VARIOUS TYPES OF TRADEMARK APPLICATION STATUS

STEPS INVOLVED IN TRADEMARK REGISTRATION

1.TRADEMARK SEARCH

The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.

2.TRADEMARK FILING

After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.  

3.FORMILITIES CHECK PASS

If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.

4.VIENNA CODIFICATION

This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.

5.MARK FOR EXAM

In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection. 

An examination report of a trademark is issued by an Examiner on the following grounds:

  • Mark is objectionable under Section 9 of the Trademark Act (absolute ground)
  • Mark is objectionable under Section 11 of the Trademark Act (relative ground)
  • Whether any condition, limitation or restriction is required to be imposed.

Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.

6.OBJECTED

In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.  

At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.

7.ACCEPTED & ADVERTISED

If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.

8.REFUSED

If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.   

9.OPPOSED

In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.

A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.

The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.

After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.

10.WITHDRAWN

The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.

11.REMOVED

The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.

12.REGISTERED

When there is no objections or opposition against a trademark within the stipulated period of Journal publication, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.

13.RENEWAL

Trademark registration is valid for 10 years and can be renewed indefinitely. It is safe to renew the trademark before expiry to avoid penalty.

CONCLUSION

Trademark registration process takes time and requires experts to tackle the various stages of the registration process, which may not be possible for a person having no knowledge in this field. That is why it is important to hire trademark specialist having in depth IP knowledge whenever a new trademark is to be registered and renewal is to be done.   By staying informed and proactive, businesses can navigate the complexities of trademark law, secure their brand identity, and maintain valuable intellectual property rights.

Frequently Asked Questions (FAQs)

A: A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company. Trademark can be word mark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination thereof which identifies products or services of a particular source from others. A trademark owner can be an individual, firm, company, society or any legal entity. A trademark may be located on a package, a label, on Invoice or on the product itself.  

A: A good trademark is one which is distinct, unique and not similar to any other trademark. Invented and coined words are generally safe. It is not advisable to adopt geographical name, personal name, surname or name which is descriptive of the goods.  Before selecting a trademark proper search is to be conducted.  

A: A trademark can be applied by individual, firm, company, and other legal entity.

A: there is no fixed time, if the trademark is not objected then registration takes place within 6-12 months.

A: the registered Proprietor of a trademark has exclusive right to use the trademark and can take action against others for infringement, passing off, compensation for violation of reputation and goodwill.

A: For 10 years, after that it has to be renewed for another 10 years.

A: the trademark which is maintained digitally, contain every details like application number, class, filing date, user date, trade name, proprietor details, goods details, expiry date, attorney details etc.

A: Yes, by filing TM-M with requisite fees for unregistered trademark.

A: yes, it is filed as proposed to be used.

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