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How to check Trademark status in India?

Author: Gaurav Bansal
by Gaurav Bansal
Posted: Apr 24, 2017

Trademark is a form of intellectual property. It can be mark, logo, word, sign used for identification of the particular brand. Trademark is a first is an asset or an entity that creates first impression on the audience.Normally after filing a trademark application, on an average, it takes 12 months for permanent trademark registration. In this intermittent period, your trademark application goes through various stages and check the status of your trademark which is reflected online. Following are the Trademark status in India.

Trademark Application Status in India

New application-Trademark application and prosecution involve in filing various forms by the trademark holder/agent/attorney with the Registry. For the uniform succession of trademark application forms are to be accompanied by prescribed requisite.

Send To Vienna Codification logo check- This is the status in the Indian Trade Mark Registry’s website which shows the trademark comprises figurative elements/logo and is being assigned a Vienna Code. After the new trademark application is filed, a Vienna Code is assigned if the trademark comprises figurative elements/logo.

Formalities Check pass- "Formalities Chk" is a status website shows Indian Trade Mark Registry’s Pass" when the preliminary documentary requirements are met. It Registry usually checks if the basic requirements are met such as: whether the POA has been uploaded and whether the appropriate translation has been filed.

Formalities Check Fail –This status on the website shows that basic requirements are not met, the status could be reflected as "Formalities Chk Fail".

Send Back to EDP- Indian Trade Mark Registry’s website shows as "Send Back to EDP" due to errors regarding data entry of applications which need to be rectified or the documents which are not digitized properly. In this, the application is sent by the Examiner to EDP Section (Electronic Data Processing Section) for proper digitization or error correction.

Send to PRAS- It is called the Pre-registration amendment section reflects when you have filed an amendment prior to the registration of your trademark.

Marked for Exam- "Marked for Exam" is the status which shows that the trademark application has been assigned to an Examiner for the issuance of the examination report. Examiner scrutinizes the trademark application to check whether the trade mark can be accepted for publication in the Trade Marks Journal.

Exam Report Issued / Accepted – This is the status in the Indian Trade Mark Registry website which shows that application has been accepted for publication and is due for publication in the Trade Marks Journal.

Objected - It implies that the particular trademark application has been examined and has been the report generated as well, laying down the objections against the Trademark registration. This status shows that examiner has raised one or more objections to the Examination Report.

Abandoned-This is the status which shows that Trademark is abandoned when the owner stops using it for three years consecutively without intending to use it again. After not using it for three years. Sometimes the applicant fails to respond within the stipulated time period.

Refused –Finally, considering or hearing the applicant’s response to an examination report. Refused status could be pursuant to a successful opposition by a third party against the registration of the trade mark.

Accepted & Advertised- Indian Trade Mark Registry’s website shows this status when the trade mark application has been accepted and advertised in the Trade Mark Journal. The third party is allowed to oppose the trademark application within 4 months from the date of advertisement in the Trade Marks Journal.

Opposed- This is status in which the third party can oppose the trademark in the journal. This is usually filed by the third party and there is a similarity between the trademark published in the Journal or if the trademark is alleged to be non-distinctive.

Registered –Trademark register under registry

Withdrawn - This status shows that the applicant has filed a request to withdraw the application voluntarily. Sometimes the head officer fails to accept the trademark which the applicant may have withdrawn.

Removed –Trademark can be removed because of discontinuity in the use of the trademark for 5 years and 3 months from the issuance of a certificate. There is Clauses or provision under which the usage period can be excused.

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Author: Gaurav Bansal

Gaurav Bansal

Flag of India

Member since: Feb 16, 2016
Published articles: 19

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