All you need to know about the trademark registration status

The onset of online trademark registration in India has made a big stride in transparency and efficiency in trademark submission. After five years of successive use from the date of federal registration, the trademark becomes indisputable.

The online trademark registration in India will have to go through several stages of scrutiny before successful registration. This blog will also look into the implications of various trademark statuses and corresponding actions that demand smooth trademarking.

Here are the stages to check the trademark registration status;

Status – new application.

The trademark application enters into the new trademark application database.

Status – send it to Vienna codification.

It applies to non-text trademark application that includes the artwork or logo. After submitting the trademark application, the Vienna code will be assigned to it if the trademark encompasses the logo or figurative components. The Vienna codification process is done by the registry, allowing trademark searches to be carried out for artwork or logos. The registry conducts the Vienna codification process, enabling the trademark and allowing trademark searches per artwork or logo. There is a long way for registration and complete an entire process where the authority examines public caution, formality check, and finally registration.

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Status – formality check pass.

When all the basic submission requirements of trademark registration are in a line of compliance, then the status in the Indian trademark registry website displays as the formality check pass. The trademark registry in this step verifies the basic formality requirements like;

– submission of apt translation or transliteration. (If applicable).

– submission of the POA (if filed via an agent).

If there is non-compliance in basic requirements, the status information will reflect as the formality check fails. After the completion of this process, the trademark application has to go through a substantial examination. During which one can raise objections under sections 9 and 11 of the Trademark Act, 1999.

Status – marked for the exam.

When the examiner receives the trademark application to issue the examination report, the Indian trademark registry website will display the status as marked for the exam.

The examiner inspects the trademark application to check whether the trademark can be published in the trademark journal; before the registration, here are the following checks one needs to look at;

– Whether there is compliance as per stated manner while applying.

– Whether any identical trademark concerning similar service, goods is there on record.

– If the trademark that has been applied for can be accepted for registration under trademark act, 1999.

– Whether any condition, restriction or limitation is requisite for enforcement.

The examiner would issue a consolidated examination report that either state’s objections against the application, if any or accepts the application. After completing the process, it takes around 12 to 18 months for the examination report for publication.

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Status – objected.

If the registrar or examiner finds objection in the examination report, the trademark application status will show as objected. After the application inspection, the registrar or examiner can raise objections under sections 9 and 11 of the Trademark Act, 1999.

For instance, objections are likely to make under section 9, when the registrar or examiner considers the trademark to be descriptive of laudatory, generics and displaying nature or quality of goods or services.

To overcome this objection, it is crucial to show that trademark is characteristically unique and does not come under any categories as mentioned earlier. Also, one can avoid this objection if the trademark has a unique character and extensive usage. For this objective, it is requisite to file the user affidavit with admissible evidence to show that the trademark has obtained distinctiveness over continued usage.

Section 11 objections can be made by the registrar or examiner when there is an identical trademark in the similar classes of goods or services already on record in the trademark registry. In such a case, the registrar or examiner issues the computer-generated search report that contains the list of adverse marks.

Status – Issuance of exam report.

This happens upon approval of the trademark application for publication and when it is due for publication in a trademark journal. It also shows that it has been accepted in the initial examination report or after the applicant has corrected the objections via written submission or hearing.

Status – Rejected/Declined

After hearing the applicant’s trademark objection reply, if the registrar/examiner refuses the trademark application, it would show it as ‘declined’. It can be possible in the case where a third party successfully opposes the trademark registration. One can appeal status by submitting petition u/s 91 of trademark act with IPAB within three months.

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Status – Adv before accepted.

If it is advertised before its acceptance in a trademark journal, it will show it as adv before accepted. It would enable third-party to oppose it within four months from the date of advertisement in the journal. If there is no objection before the authority allocates the registration certificate, it will show as advertised and accepted and later registered.

Status – Opposed.

If, within four months, the third-party files the objection to it, then it would show it as they opposed. They can do so if it is non-distinctive. The applicant will have to file a counter statement within two months; if they do not do so, it will show it as abandoned.

Status – Withdrawn.

It happens when an applicant files the request to withdraw the application voluntarily.

Status – Removed.

This happens when the trademark registry removes the trademark.

Status – Registered

It happens when the registrar has been granted a trademark registration certificate. The applicant will be the trademark owner and use the ® symbol next to it for ten years.

 

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