Trademarks Trademarks

Check Trademark Application Status: The Journey of Your Trademark Registration

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Discover how to check the status of your trademark registration, and track the progress of your application to stay informed about its current status.

In today’s competitive business landscape, trademarks play a crucial role in distinguishing products and services, building brand recognition, and protecting intellectual property. However, the process of registering a trademark involves several stages, each with its own set of considerations and implications. Understanding the status of your trademark application status is essential for navigating through this process effectively.

Introduction to Trademark Registration

A trademark is a recognizable phrase, word, symbol, or sound that identifies a particular product or service and sets it apart from others in the market. Registering a trademark provides legal protection and exclusive rights to the owner, allowing them to prevent others from using similar marks in connection with similar goods or services. Let’s learn about the trademark application status on this blog.

Submitting a Trademark Application

The journey of trademark registration begins with the submission of a Trademark Application Status to the Trademarks Registry. This Trademark Application Status, typically filed on Form TM-A, must be accompanied by the prescribed fees. Once filed, it is crucial to monitor the status of the application regularly to ensure timely action and resolution of any issues that may arise.

Steps to Check Trademark Status

Checking the status of a Trademark Application Status is a straightforward process. Here are the steps involved:

  1. Log on to the Website: Visit the official website of the Trademarks Registry – http://ipindiaonline.gov.in/eregister/eregister.aspx.
  2. Select Application Type: Choose the option for “Trade Mark Application/Registered Mark” on the left side of the page. Then, select “National IRDI Number.”
  3. Enter Application Details: Enter the trademark application number and captcha code correctly, then click on “View.”
  4. View Status: The website will display the current status of your trademark application.

Understanding Different Types of Trademark Application Status

Trademark registration is a multifaceted process governed by various stages, each denoted by a distinct status. These statuses serve as indicators of the progress and outcome of the Trademark Application Status, guiding applicants through the complexities of trademark registration

Here’s an in-depth exploration of the different trademark statuses and their significance:

  • New Application:

At this initial stage, the application has been received by the Trademarks Registry for preliminary scrutiny. It marks the beginning of the registration journey, awaiting further examination.

  • Send to Vienna Codification:

This status signifies the classification of logos and elements under the Vienna Code, an internationally recognized standard. It ensures systematic categorization of figurative elements within the trademark.

  • Formalities Check Pass:

Upon successful completion of the formalities check, this status confirms the acceptance of initial documents submitted with the application. It indicates compliance with procedural requirements.

  • Formalities Check Fail:

In cases where discrepancies or insufficiencies are identified in the submitted documents, this status is assigned. It prompts the applicant to rectify the deficiencies before proceeding further.

  • Marked for Exam:

Once the formalities check is passed, the application is earmarked for detailed examination by a Trademark Examiner. This stage involves thorough scrutiny of the application and related documents.

  • Objected:

If the examiner raises objections regarding the trademark’s eligibility for registration, this status is assigned. It necessitates a response from the applicant to address the raised objections adequately.

  • Refused or Abandoned:

In scenarios where objections remain unresolved or the applicant fails to respond adequately, the application may be refused or abandoned. This status denotes the termination of the registration process due to unresolved issues.

  • Accepted and Advertised:

Upon successful resolution of objections and approval for registration, the trademark is accepted and advertised in the Trademark Journal. This stage marks a significant milestone towards formal registration.

  • Opposed:

If third parties raise objections or oppositions to the trademark’s registration during the advertisement period, this status is assigned. It signifies the need for resolution of oppositions before proceeding with registration.

  • Withdrawn:

In cases where the applicant voluntarily withdraws the application, this status is assigned. It indicates the applicant’s decision to discontinue the registration process.

  • Registered:

This status confirms the successful registration of the trademark upon completion of all requisite formalities and approvals. It grants legal protection and exclusive rights to the trademark owner.

  • Removed:

If the trademark is not utilized for a prolonged period or the registration is not renewed, it may be removed from the Trademark Journal. This status reflects the loss of registration status due to non-use or failure to comply with renewal requirements.

The Takeaway

Navigating the Trademark Application Status involves understanding the various stages and statuses associated with your application. Regularly monitoring the status of your trademark application ensures timely action and resolution of any issues that may arise. 

By staying informed and proactive, you can successfully navigate the journey towards protecting your valuable intellectual property assets.

To know more, reach out to the experts at Vakilsearch right away!

FAQs: 

What is the function of a trademark?

A trademark serves several important functions in modern business: 1. Identification: It distinguishes goods or services and indicates their origin. 2. Quality Assurance: It assures consumers of consistent quality and reliability. 3. Advertising: It serves as a promotional tool, enhancing brand visibility and recognition. 4. Brand Image: It contributes to the creation of a distinct brand identity and perception.

Can corrections be made in the trademark application?

The trademark applied for should generally not undergo substantial alterations that affect its identity. However, minor changes may be permissible according to the applicable rules and regulations.

What items can be trademarked?

Trademark registration can cover a wide range of identifiers, including names, slogans, logos, phrases, words, letters, colors, and similar elements that describe goods or services.

How long is a trademark registration valid?

A trademark registration is initially valid for ten years. It can be renewed upon expiry of this term by paying the prescribed renewal fees.

About the Author

Sneha Ramesh, Business Development Legal Consultant at Vakilsearch, combines expertise in business law with strategic development. With a proven record in mergers, acquisitions, and partnerships, she aligns legal frameworks with growth objectives. Known for her reliable advice, Sneha ensures compliance, manages risks, and supports sustainable business expansion.

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