The accepted status of a trademark signifies its legal recognition and protection. It grants exclusive rights to the owner, safeguarding their brand identity and preventing unauthorised use. Understanding the accepted status is crucial for businesses aiming to establish a strong market presence.
Meaning of ‘Accepted’ Status
The accepted status signifies that the Examiner has no objections to your trademark following examination. Your trademark will be published in the trademark journal before proceeding further. No immediate action is required at this stage, but monitoring the application’s progress is advisable. Here we explained detailly Accepted status of Trademark, know the different status updates on trademark
Status of Trademark to Know in India
Once you’ve submitted a trademark application, the process of registering it with the Trademark Registry in India typically spans a period of 6 to 12 months. During this interim phase, your trademark application undergoes several stages, and its status is accessible online for your monitoring.
The status of your trademark application is a critical aspect to keep track of, as certain stages within this process may necessitate your active involvement. To shed light on the subject of trademark statuses, it’s essential to first comprehend the four fundamental steps for verifying your trademark’s status through the E-register provided by the Indian trademark office.
- Step 1: Access the E-register of Trademark IP India through the respective link, directing you to the Trademark Registry (TMR) website.
- Step 2: Within the portal, locate and click on the Trademark Application Number or Registered Trademark option.
- Step 3: Enter your unique Trade Mark/Application Number into the designated field.
- Step 4: Complete the process by entering the provided security code and selecting the view option to retrieve matching trademarks. Subsequently, clicking on the specific trademark number will unveil comprehensive trademark details, including its current status, prominently featured at the top left corner of the page.
Different Status Updates On Trademark Application
New Application:
This initial status indicates that your trademark application has been officially entered into the database of the trademark registry. It marks the inception of the process, where your application will undergo careful scrutiny. Once you’ve submitted your application, you’re granted the right to use the TM indication alongside your brand name or logo, as specified in the application form.
Send to Vienna Codification:
This status is relevant only for image trademarks such as logos or labels. It signifies that your trademark application, containing a visual element, will be sent for classification under the Vienna Codification system. Each visual element is assigned a unique numerical code under this classification.
Formalities Check Pass:
Successful completion of procedural formalities is crucial for a smooth trademark application process. These formalities include submitting a power of attorney, providing translations for non-English/Hindi documents, and ensuring error-free form submissions. When all these requirements are correctly fulfilled, your trademark status will reflect as a formalities check pass.
Formalities Check Fail:
Conversely, if any procedural formalities remain incomplete or unsatisfactorily addressed, your trademark status will indicate formalities check failed. In such cases, the registry will provide guidance on rectifying these issues.
Send Back to EDP:
EDP, or Electronic Data Processing, is responsible for digitising all documents and data entries in a trademark application. When the status reads send back to EDP, it signifies an error during data entry that requires correction. Applicants need not take immediate action; the registry will rectify the issue.
Send to PRAS:
The Pre-Registration Amendment Section (PRAS) status indicates that you’ve submitted an amendment to your application before it’s fully registered. These amendments may pertain to changes in the proprietor’s name, address, or other relevant details.
Marked for Exam:
At this stage, your trademark application is handed over to an Examiner who will assess its registrability under the provisions of the Trademark Act. This signifies the commencement of the legal evaluation process.
Exam Report Issued:
Following the examination, an examination report is generated. This report outlines any objections or issues that need to be addressed before the trademark can be approved. Responding to the exam report is the next crucial step.
Objected:
If the Examiner raises objections to your trademark registration, your application will be marked as objected. In response, you must submit a reply within one month of receiving the notice via email. Extensions may be granted for an additional month if needed. Failure to provide a satisfactory response may lead to a show cause hearing.
Abandoned:
When an applicant does not respond within the stipulated timeframes, such as to an examination report, the trademark application may be declared abandoned.
Advertised Before Accepted:
In this stage, your trademark has been published in the trademark journal. The term before accepted indicates that third parties have the opportunity to oppose your trademark before it gains full acceptance.
Accepted and Advertised:
Your trademark has been advertised in the trademark journal without any changes required to the application. It’s a positive sign that your brand is progressing toward registration.
Ready for Show Cause Hearing:
If the Examiner remains unsatisfied with your response to objections, your application may be designated as ready for a show cause hearing. This provides an opportunity for you to explain why your trademark should not be refused. Attending this hearing is essential to present your case effectively.
Refused:
Should the Examiner remain unconvinced even after the show cause hearing, they may refuse your trademark registration. Exploring options to overcome this refusal is recommended.
Opposed:
After your trademark appears in the trademark journal, third parties have a four-month window to oppose it. If opposition occurs, your trademark status will be labelled as opposed. Familiarising yourself with the trademark opposition procedure is vital in such cases.
Registered:
This status signifies that your trademark has been successfully registered with the trademark registry. You will receive a certificate of registration, and the trademark registration status on the official website will be updated to Registered.
Removed:
A trademark may be removed from the trademark register if the applicant fails to meet specific conditions set by the Trademark Registry. Common reasons for removal include non-renewal of the trademark within the stipulated timeframe.
Withdrawn:
When an applicant voluntarily chooses to withdraw their trademark application, the status will reflect as withdrawn. This may occur if the trademark is deemed unacceptable by the registry or for other reasons as decided by the applicant.
Conclusion
Trademarks are like vigilant protectors in the business realm, preserving brand identities and nurturing consumer confidence. Their importance is deeply rooted in our society and business practices. This blog has peeled back the layers of trademarks, from their vital role in branding to the complex procedures of registration and protection. As businesses make us understand the ever-changing landscape of the modern world, trademarks stand firm, adjusting to emerging trends and technologies. The accepted status of trademarks isn’t just a legal aspect; it underscores the enduring influence of brands in shaping our world.
