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Trademark status: How to check the status of trademark online

[ecis2016.org] Checking the trademark status is crucial, towards ensuring that you get your trademark registered as soon as possible.

Trademarks are important, towards ensuring that a product stands out and has a market of its own. A trademark can be anything ranging from a sign, symbol, logo, phrase or even sound that differentiates a certain product from all the other products available.

Application for registering a trademark

The applicant needs to apply through Form TM-A, to register his trademark. The form is submitted to the Trademarks Registry along with the applicable fee. It is also advisable that the applicant keep checking the trademark status of the application, to ensure that any discrepancy can be corrected quickly.

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How to check trademark status?

Checking trademark status regularly forms a major component of getting your trademark registered as soon as possible. Various discrepancies can arise during the process that need to be rectified by the applicant in due time.

Step 1: To register a trademark, first visit http://ipindiaonline.gov.in/eregister/eregister.aspx.

Step 2: On the left-hand side of the page, select the ‘Trademark Application/Registered Trademark’ option.

Trademark status: How to check the status of trademark online

Step 3: Select ‘National IRDI Number’ from the two options.

Trademark status: How to check the status of trademark online

Step 4: Enter your application number and captcha code correctly and click on ‘View’.

Trademark status: How to check the status of trademark online

Step 5: Your application will be displayed now. Click on the trademark number, to view the details and status.

Trademark status: How to check the status of trademark online

Trademark status: How to check the status of trademark online

Trademark status meaning

Your trademark application is bound to go through a lot of scrutiny and a number of checks before being accepted. It is very important to know what each status means when it comes to trademark applications. This will help you understand the discrepancies better and also rectify them.

Trademark status: New Application

This means that the application has been submitted recently and has been received by the Trademark Registry office. The processing of the application has not yet begun and might take some time.

Trademark status: How to check the status of trademark online

Trademark status: Send to Vienna Codification

The Vienna Codification is an internationally accepted standard for logos and its elements. Every logo needs to undergo this scrutiny before being accepted. The code is assigned based on the logo design and the figurative elements it has.

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Trademark status: Formalities Check Pass

This means that the basic and preliminary check of the application has been done and successfully completed. The application seems in order till now and would have to undergo further scrutiny before being accepted.

Trademark status: How to check the status of trademark online

Trademark status: Formalities Check Fail

This means that the preliminary check of the application was unsuccessful, the application did not have all the documents in place or there was a lack of clarity in the documents. The applicant must look into the same.

Trademark status: How to check the status of trademark online

Trademark status: Marked for Exam

This stage comes after the application has been successfully submitted and has passed the formalities check. During this stage, the application is scrutinised by the trademarks officer for checking each document before letting the application move forward.

Trademark status: How to check the status of trademark online

Trademark status: Objected

This status means that the trademark officer has raised some objections to the acceptance of this application. A detailed report of the same is issued alongwith and the applicant needs to answer that report within a month, to avoid refusal of the application.

Trademark status: Refused or Abandoned

If the officer remains unsatisfied with the answer received from the applicant or if the applicant fails to answer in time, he will mark the application as refused or abandoned. This means that the trademark application is now rejected.

Trademark status: How to check the status of trademark online

Trademark status: Advertised Before Accepted

In cases where the status reads so, it means that the officer is not yet very well convinced about the nature of the trademark.

Trademark status: Accepted and Advertised

This means that the trademark officer is satisfied with the trademark and allows it to be registered in the trademark journal, as it is unique and distinctive enough to be registered as a brand.

Trademark status: How to check the status of trademark online

Trademark status: Opposed

The general public is given a time period of three to four months, to oppose the use of a trademark in case they feel it is not appropriate. Any objection after the stipulated time period will not be accepted. If not opposed, the trademark will be granted. If opposed, it will be marked as opposed in the application.

Trademark status: How to check the status of trademark online

Trademark status: Withdrawn

Once the status reads as opposed, the applicant can either fight for the trademark or forfeit his claim. In case, the applicant decides not to fight the case, the status of the application will read as withdrawn and the trademark will not be registered.

Trademark status: Registered

Once an application has gone through all the above steps, the trademark is permanently registered with the trademark registry. A certificate of registration is also issued to the applicant on completion of the process.

Trademark status: How to check the status of trademark online

Trademark status: Removed

If a trademark is not used for five years after being issued, the trademark can be removed from the registry. In this case, the status will read as removed.

Trademarks are vital for a brand and also for helping ensure that the product carves its own niche in this competitive world. Hence, it becomes crucial to register the same and check the process of registration on the Trade Marks Registry, following the process mentioned above.

Source: https://ecis2016.org/.
Copyright belongs to: ecis2016.org

Debora Berti

Università degli Studi di Firenze, IT

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