How to Check Trademark status?
Trademark status check is a process that involves understanding a detailed pathway of steps a trademark must go through to get registered. Trademarks are part of the intellectual property rights of any product. It is a unique phrase, a word, a symbol that differentiates it from the rest of the products already available. It allows business owners to guard their brand from duplicating and protect the brand name from replication or fraud.
You begin trademark registration by submitting an application form ‘TM-A’ and it usually takes at least 12 to 18 months to receive registration. The process starting from registration application has a lot of stages to pass through, so individuals have to check the status in between the process to have clarity of the pathway and level their application is at.
How to Check Trademark Status in India?
If you successfully fill out the application, you can check the status of the trademark by following the steps below:
- Log in to the official website.
- Click on the ‘Trade Mark Status’ option available and it will redirect you to a page, please select the option ‘Trade Mark Application/ Registered Mark’.
- After that press the National ‘IRDI Number’ option.
- Enter the Trademark application number and correctly enter the captcha given.
- Click on the ‘View’ option afterward and the website will show the status of your application.
Various levels of Trademark Status
The trademark application process requires you to go through various stages before obtaining registration. You must check the status of each stage to identify any possible changes that need to be made before moving to the next level. Here we are going to discuss all the stages in depth.
New Application
After just completing the application process when you check for the status it generally shows ‘New Application’. This means the application right now is at the starting stage and will undergo further inspection.
Send to Vienna Codification
Formalities Check Pass
Formalities Check Pass depicts that the Trademark Registry office has accepted the earliest documents submitted within the application process. This process generally lasts between 4-8 weeks depending upon the case. The applicant doesn’t need to take any further steps while their application is at this stage. If the application didn’t meet the criteria then the status would’ve shown as ‘Formalities Check Fail’.
Formalities Check Fail
If this stage appears under the application status, it means that the Trademark Registry office has rejected the initial documentation. This happens when the applicant fails any of the below-mentioned parameters.
- Missing Information.
- Incorrect Fees.
- Improper Signature.
- Filling in the wrong jurisdiction.
Marked for Exam
After the ‘Formalities Check Pass’ status, the next step is where the trademark application is allocated to an examiner who will check that the application is ideal in all characteristics.
Objected
When ‘Objected’ status appears, it means that the examiner has requested clarification or any objection to the trademark application or its registration. The applicant is answerable to the report within a month of its granting otherwise, it will read ‘refused’
Refused or Abandoned
If the examiner is not satisfied with the response to the objection, or if the applicant fails to reply within the given timeframe, the application will be marked as Refused or Abandoned.
Advertised before accepted
In some circumstances, trademark status shows ’Advertised before accepted’ which means the trademark is published in the Trademark Journal, and before getting the official acceptance it is subjected to public opposition.
Accepted and Advertised
When the trademark qualifies all objections, the registry approves it, and it is then issued again in the Trademark journal for public opposition.
Opposed
Once it is accepted and advertised in the trademark journal if any party or general public opposes the registration after publication within 3-4 months, the status will be read as ‘Opposed’. You can counter this stage by presenting evidence and arguments in your favour.
Withdrawn
In case the status is ‘Opposed’ the applicant can either choose to legally fight against opposition or can willingly withdraw the trademark application, and the status will be displayed as withdrawn.
Registered
After going through all the probing stages and clearing the ‘Accepted and Advertised’ process, a certificate is provided to the applicant by the Trademarks registry. This means that you register the trademark under Indian Trademark Law, and the status on the website changes to ‘Registered.’
Removed
If the trademark owner does not use the trademark for five years after receiving the registration certificate, or if they fail to renew the trademark registration, the status will be shown as ‘Removed.’
Conclusion
Trademark registration application has a lot of stages in between to successfully receive the certificate. An application has to go through a detailed examination from the trademark registry.
This process preserves the chances of avoiding duplicity and maintaining an authentic special mark, symbol, or sign. Each step helps to understand the necessary changes that must be incorporated to achieve trademark certification.
For any further help in checking the status of the trademark application seek it from an expert or just follow this step-wise guide to online navigate through the different stages of trademark registration. Please understand what they mean to take further action at the ease of your place.
FAQs
- What is an application number in Trademark registration?
The application number is a unique number assigned to track down your application status. It is provided by the Trademark registry. - Is it important to check the Trademark status?
Yes, it is very important to religiously check the Trademark status at least when the application is undergoing the approval process, to have clarity about the obligations or further actions needed to be taken on time. One can save time and money by being updated on the status of the application and save themselves from any possible legalities.
- What is the legal status of a trademark registration?
Legal status indicates the current status of the registration process. It depicts whether the application is pending, registered, or abandoned.
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