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Trademark Registration Status

Author: Gaurav Bansal
by Gaurav Bansal
Posted: Jul 20, 2017

Trademark is the distinctive design, symbol, word or phrase that is associated with the product in order to distinguish it from other products. A unique trademark helps to create a distinct brand image of the product in the market. In order to protect the trademark, it is important to obtain a registration for the trademark chosen.

It is very crucial to conduct a proper research before choosing a trademark. A trademark chosen must be distinct from the existing trademarks. Any person can search the trademark database on the MCA portal. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry.

Status-Fresh application

To obtain registration for the trademark chosen an application must be filed with the trademark registrar. The application must be filed in the prescribed form with the specified fees. This application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online.

As soon as, an application is filed with the trademark registrar, a trademark application allotment number gets generated. The trademark application can also then be tracked online through the Online Trademark Search facility.

Most importantly, after obtaining an allotment number, the applicant can affix TM symbol next to the logo.

Status-Shared for Vienna codification

Vienna codification is an international classification of the figurative elements of marks. A unique Vienna Code is assigned to the non-text trademarks containing the logo or artwork. This is done by the registry, to facilitate the searches regarding logos/artworks.

Status-Send for Formalities Check Pass

After the basic requirements for trademark registration are fulfilled, a formality check is conducted by the trademark registry. The Trade Mark Registry checks the basic requirements such as: whether appropriate translation/transliteration (in case applicable) has been filed or the POA has been uploaded (if filed through an agent). In case these basic requirements are not fulfilled, the status could be reflected as "Formalities Check Fail".

Status-Marked for Examination

Further, the trademark registration application is assigned to the trademark officer at the trademark registrar office. The trademark officer will scrutinize the application and issue a trademark examination report. After reviewing the application the officer may accept or reject the application. He should issue a report regarding the same within 12 to 18 months.

The Following Status may appear after the scrutiny of application by the tax officer-

  • Objections Raised by Tax Officer

The tax officer may raise some objections regarding the trademark application filed under the trademark mark act section 9 and 11. He may raise the objection if an identical trademark already exists.

The trademark applicant is empowered to appear before the tax officer and address the objections. To overcome this objection he is required to prove that the trademark applied by him is characteristically distinctive. This objection can also be avoided if the trade mark has developed a unique character because of extensive use.

The trademark will be approved if the tax officer is satisfied by the claims made by the applicant. The trademark application will become due for publishing in the journal.

  • Refused

The application for the trademark may get refused if the tax officer is not satisfied after hearing or considering the applicant’s response to an examination report.

The trademark may also be refused in case a third party is successful in opposing the registration of the trade mark. The Applicant can make an appeal can be under Section 91 of the Trade Marks Act with the Intellectual Property Appellate Board (IPAB) within 3 months.

  • Advertise Before Acceptance

This status will appear if the trademark applied is advertised before it is accepted by the registrar. The third party is empowered to oppose the application within 4 months from the date of advertisement in the journal.

In case no objection is raised during the specified period, the application will be accepted by an Accepting Officer just before the registration certificate is issued. The certificate of registration will be issued within 3 months.

In case the application filed is opposed by a third party within the 4 months of the status of the application will be opposed. The notice will be served to the applicant stating the reasons for the opposition. The applicant is required to respond to the objection within 2 months otherwise, the application will be abandoned.

  • Withdrawn

The applicant may make a request for withdrawing the application for trademark either voluntarily or when the hearing officer does not accept the application. The status of the application will stand withdrawn.

  • Removed

If the application is withdrawn by the applicant then the status of the will be removed.

  • Registered

If the tax officer is satisfied by the applicant then the trademark gets registered and its owner is entitled to use the same for the period of 10 years. After the expiry of 10 years, the trademark obtained shall be renewed.

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Author: Gaurav Bansal

Gaurav Bansal

Member since: Feb 16, 2016
Published articles: 19

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