In the evolving world of intellectual property rights, a trademark, also known as a brand name, is something that, when used effectively, may drive a company to new heights. On the other hand, if a trademark is not legally protected or registered, it might cause many legal issues down the road that will harm your company.
It is important to note that to determine if submitting a trademark application is legally justified, one must do a comprehensive trademark search before doing so. Read on if you want to know how to check the trademark application status online.
Application for Trademark Registration in India
An application for trademark registration must be submitted on the Trademarks Registry website to register a specific trademark. Additionally, the required payment must be made. It is always a good idea to keep track of the trademark’s progress since there are times when the applicant may need to take action to make sure the trademark is registered quickly.
How to Check Trademark Application Status in India?
After briefly discussing trademark registration, it’s time to look at the procedures involved. The following are mentioned:
Step 1
Visit IP India’s trademark status webpage, which serves as the official website of the Government of India in this respect, to verify the trademark application status online. You will see the “Trade Marks” tab of the Trade Marks page on the website, this option is accessible under the ‘Related Links’ tab.
Step 2
Click on the “Trade Mark Application / Registered Mark” tab.
Step 3
To proceed with this, click the circular checkbox next to the National/IRDI Number.
Step 4
A new webpage will appear as soon as you click on the National/IRDI Number.
Step 5
The two empty areas need to be filled. Enter the trademark or application number, and then enter the captcha. Click ‘View’ to continue.
Step 6
You will find the current trademark application status after successfully entering your trademark or application number and confirming the provided captcha.
One may follow simple steps to verify the trademark application status online.
What Do the Terms of Trademark Application Status Mean?
You should understand the legal implications of the words that your trademark status may show. The following terms are briefly explained:
| Terms | Meaning |
| New Application | This is the initial stage of the trademark application procedure. This implies that your application has been entered into the Trade Mark Registry’s database and is now being processed. |
| Send to Vienna Codification | When a trademark application contains non-text elements, such as artwork, a logo, a label, etc., these trademark applications will be categorised and coded as per the Vienna Classification. |
| Formalities check pass | When you notice this, you know that your trademark application has completed all the essential processes. You are given this “formalities check pass” status here after completing the necessary procedural formalities. These “formalities” typically take the form of a power of attorney, translations into Hindi or English when the original document is not in either language, etc. |
| Formalities check fail | This status indicates that you have failed to follow some procedural criteria or that your compliance is insufficient. In this situation, submit an amendment form to fix your errors and completely adhere to all Trade Mark Registry procedural requirements. |
| Send back to EDP | The term “Electronic Data Processing” is abbreviated as “EDP.” This indicates that certain mistakes were made during data input at the Trade Mark Registry’s end and that those mistakes need to be fixed. You don’t need to do anything about this status. |
| Send to PRAS | The ‘Pre Registration Amendment Section’ is the abbreviation for PRAS. Therefore, this status essentially deals with any modification forms that you submit before registering your trademark. |
| Marked for exam | This suggests that the legal procedure has begun and that a Trade Mark Registry examiner will soon begin a comprehensive review of your trademark application. |
| Exam report issued | This denotes that the examiner has completed reviewing your trademark application and has provided an examination report in this respect, as the name suggests. The exam report may indicate that your application has been approved, or it may include objections. |
| Objected | The Trade Mark Registry has a reason to deny the registration of your trademark, as shown by this status. Within one month of receiving a physical copy of the registry’s notification of the objection, you must respond. |
| Abandoned | This status indicates that you did not respond to the Trade Mark Registrar within the allotted time limit after receiving the notice. Due to your delay in responding, your trademark application has been categorised as “abandoned.” |
| Accepted | This means that your trademark application has been approved and is about to be registered after publication in the trademark journal. |
| Advertised before accepted | This status signifies that your trademark application has been published in the trademark journal but has not yet been approved for registration to allow third parties to raise objections. |
| Accepted and advertised | This status implies that the Trade Mark Registry has approved your trademark application in its current form and that it has been published in the trademark journal. |
| Ready for show cause hearing | This status means that the trademark application examiner is dissatisfied with the response you have submitted in response to the objection notice that has been lodged against you. You must appear before the examiner and justify not rejecting your trademark application. |
| Refused | This indicates that, in the opinion of the trademark application examiner, your response to the Trade Mark Registry’s or third parties’ objections was not adequate. He has thus declined to register your trademark. |
| Opposed | This denotes that a third party has opposed your trademark application in court. Within four months of your trademark application’s publication in the trademark journal, any third party may oppose it by paying the required costs and completing the required form (Form TM-O). |
| Registered | This status suggests that the Indian Trade Mark Registry has successfully registered the trademark for you. |
| Remove | This implies that the Trade Mark Registry database no longer has your trademark. This typically occurs when you don’t properly renew your trademark. |
| Withdrawn | You have voluntarily withdrawn your trademark application according to this status. |
FAQs on Trademark Application Status
Here are some frequently asked questions on Trademark Application Status:
Who can file for a trademark, and how?
Anyone can apply for enrollment by stating their claim to ownership of a trademark that they have used or intend to use. The application form must include the trademark, the products or services, the aspirant’s name and address, any agent’s name and address with a power of attorney, and the number of years the mark has been in use. Hindi or English should be used on the form. It must be submitted to the appropriate office or electronically.
How can I check the trademark application status?
The following steps must be taken to ascertain the status of a trademark:
- Go to the IP India website.
- Choose a national or IRDI number.
- Enter the trademark application number.
- View the details of the trademark application.
Is it possible to make any changes to the request or register?
The trademark application shouldn’t primarily undergo changes, as that would significantly alter its identity. According to the guidelines outlined in the inferior legislation, revisions are permissible under some conditions.
What are the advantages of trademark registration?
The exclusive right to use a trademark in connection with the products or services for which it is registered is granted to its owner upon registration. This right includes the ability to use the sign (R) to identify such usage and to file a claim for infringement with the appropriate national courts. The exclusive right is still subject to any restrictions that have been recorded in the register, such as usage restrictions or geographic restrictions.
Can a registered trademark be removed from the registry?
If the mark is listed mistakenly in the register, it may be deleted upon request to the Registrar on a required form. The Registrar may also voluntarily issue a Notice for the cancellation of a registered trademark.
The majority of intellectual property cases in India involve trademarks. Businesses failing to regularly verify the status of their trademarks online is one of the leading causes of legal issues involving trademarks. Business people often believe that when a trademark is registered, nothing further has to be done for ten years. This misconception might be very costly for a company. Thus, one of the best solutions is to regularly check the trademark application status online using the above procedures and respond appropriately and promptly based on the state.
Read More:
