To check the status of your trademark registration, simply visit the official trademark registry website and enter your application or registration number. Stay informed about the progress of your trademark protection effortlessly.
Introduction:
Registering a trademark can be a daunting process. One of the most common concerns for individuals and businesses is how to track the progress of their trademark applications. Fortunately, most countries have made it straightforward for applicants to keep tabs on their applications. In this blog, we’ll walk you through the process, help you understand the various application statuses, and check the status of trademark registration.
Checking Your Trademark Status on the Indian Trademark Registry Website
Access and Login to IP India Website:
- Visit the official site: http://ipindia.gov.in.
- If you’re a first-time user, register to create an account. Login details will be sent to your email.
Navigate to Trademark Status:
- From the homepage, hover over Trademarks in the menu.
- A dropdown will appear. Click on Related Link and then select Trademark Status.
Transition to E-Register & Application Status Page:
- After clicking Trademark Status, a security prompt will appear. Confirm by selecting YES.
- This action redirects you to the real-time updated E-Register & Application Status Page.
Enter Your Application Details:
- On the new page, find Trade Mark Application/Registered Mark on the left side and click it.
- Next, to search your application, choose National/IRDI Number and input your Trademark Application number and the displayed captcha.
Review Your Trademark Application Status:
Post submission, the subsequent page displays your trademark’s name, application status, and related details.
Check the Status of Trademark Registration
Filed: Your application has been received but not yet reviewed.
Formalities Check Pass: Initial checks by the Trademark Registry are cleared.
Sent for Examination: Your application is with a Trademark Examiner for a detailed review.
Examination Report Issued: An examination report’s been released, highlighting objections or conflicts.
Show Cause Hearing: You’ve scheduled a hearing to address objections from the examination report.
Abandoned: The application’s unattended past deadlines or is left unresponded.
Accepted and Advertised: Your trademark cleared all objections and is now in the Trademark Journal for potential opposition.
Opposed: Someone’s contested your trademark registration.
Registered: Your trademark’s successfully registered under the Indian Trademarks Act.
Objected: Objections or concerns raised regarding your application.
Send to Vienna Codification: Your application’s sent for international classification based on its figurative elements.
Marked for Exam: An examiner has your application for review.
Refused: Your application didn’t meet registration standards.
Removed: Your application was delisted due to reasons like non-payment or non-response.
Withdrawn: You’ve opted to pull back the application before its completion.
Using the Official Trademark Database:
Most countries have an official trademark office that handles applications, renewals, and other related matters. These offices typically have online databases where you can search for and check the status of trademark applications.
a. Navigating to the Official Trademark Office Website of India:
Every nation has its regulatory authority for patents and trademarks. In India, this authority is governed by the Controller General of Patents Designs and Trademarks (CGPDTM), operating under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. They have an official website that serves as a primary source for various trademark-related processes, including status checking.
Guidance:
When attempting to access this site, ensure you are navigating to the official government domain to avoid counterfeit or misleading web platforms. Typically, Indian government websites will have the .gov.in domain extension, assuring its authenticity.
b. Locating the Search Option or Database on the Website:
Upon landing on the official website, the subsequent step is pinpointing the specific tool or portal that facilitates the checking of trademark statuses.
Tips for Navigation:
Often, there will be a distinct Search or Check Status option displayed prominently on the homepage or within the primary navigation menu.
This search facility might be labelled differently based on the terminologies the office adopts. In India, you can often find it as Public Search or Trademark Status.
c. Inputting Your Application Number or Trademark Name:
To get accurate details about your trademark application, you’ll need specific identifiers. When you initially file for a trademark in India, the office provides you with an application or registration number.
What to do:
In the search bar or the given space, key in your specific application number for precise results.
Alternatively, you can enter the trademark name, but remember, this method might yield multiple results if there are similar names or entries.
d. Reviewing the Application Status:
Once your specific application details are retrieved, a crucial aspect to note is the application status. This status furnishes vital insights regarding the current phase of your trademark application within the bureaucratic process.
Interpreting the Results:
Advertised before acceptance: This means your trademark application has been published in the Trademark Journal, waiting for oppositions if any.
Registered: Your trademark has successfully cleared all stages and is now registered.
Opposed: Someone has raised an objection against your trademark registration.
Refused: The trademark office has found a reason not to register your trademark, possibly due to a conflict or it not meeting specific criteria.
Understanding Application Statuses:
Trademarks go through several stages before they are finally registered. Here are some common statuses you might encounter:
Pending or New Application: Your application has been submitted but hasn’t been reviewed.
Examination: The trademark office is reviewing your application for any discrepancies or conflicts with existing trademarks.
Published for Opposition: Your mark is open for public review. During this period, third parties can raise objections if they believe your mark conflicts with theirs.
Notice of Allowance: No oppositions were raised, and your mark is almost ready for registration.
Registered: Your trademark is successfully registered.
Refused or Rejected: There are issues with your application, which could be due to conflicts with existing trademarks or other reasons.
Regularly Check the Status of Trademark Registration
- Staying Ahead of Delays:
Trademark registration isn’t always a linear path. It’s intertwined with multiple bureaucratic processes, potential objections, and verifications. A delay in one phase can cascade into subsequent stages.
For example, if a document submitted is found to be incomplete or erroneous, the process might halt until the necessary corrections are made. Regularly checking the status can alert you to such issues sooner, allowing you to rectify them and minimize any subsequent delays.
- Proactive Problem Resolution:
Issues with a trademark application can range from minor clerical errors to more significant issues such as objections from other parties or conflicts with existing trademarks. By routinely checking the status, you become aware of these problems almost immediately.
If you’re informed promptly, you can:
Consult with a trademark attorney faster
Begin preparing counter-arguments or clarifications
Address any necessary corrections or amendments
- Anticipating Key Stages in the Process:
The trademark registration process has various stages, such as examination, publication, and waiting for potential opposition. Each of these stages has its own timeframe. Regularly monitoring the status lets you anticipate and prepare for the upcoming steps.
For instance, knowing when your trademark will be published for opposition allows you to be vigilant during the opposition window and promptly address any objections that might arise.
- Maintaining Momentum in Business Planning:
For businesses, especially startups, a trademark registration often coincides with other major initiatives like product launches, marketing campaigns, or business expansions. Regular status checks ensure that the trademark process is in alignment with other business timelines. If there are delays or issues with the trademark registration, other business plans can be adjusted accordingly to mitigate potential risks.
Conclusion:
Tracking the progress of your trademark application is essential to ensure its smooth registration. By understanding the various application statuses and keeping an eye on potential issues, you can navigate the trademark registration journey more confidently.
FAQs on How do I check the status of trademark registration?
How often should I check the status of my trademark application?
Initially, it's good to check every few weeks. Once your application moves past the examination stage, you can check less frequently, perhaps monthly.
What should I do if my trademark application is rejected?
Review the reasons for rejection. It could be due to a conflict with an existing trademark or an issue with your application. You might want to consult with a trademark attorney to understand the best course of action.
How long does the trademark registration process typically take?
It varies by country.
Can I expedite my trademark application process?
Some trademark offices offer expedited processes for an additional fee. However, the eligibility and criteria differ across countries.
Do I need an attorney to register a trademark?
While it's not mandatory, having an attorney can streamline the process and help address any legal challenges that might arise.
