15 Trademark Statuses To Decode Your Trademark Application
After filing your trademark application, which usually takes only a day to complete, the application undergoes a series of stages. As a result, the status of your trademark application may vary at different points in the process. To provide you with a better understanding of your application status, we have compiled an explanation of the various stages your trademark application may go through. Following are Trademark Application Statuses you need to know about, to check how far is your Trademark application.
1. Trademark Status: Formalities Chk Pass
Under the Indian Trademark Rules, 2017, the “Formalities Check Pass” is a crucial stage in the trademark registration process. During this stage, the Trademark Registrar conducts a preliminary check of the trademark application to ensure that all the required formalities have been fulfilled and that the application is in compliance with the Trademark Act, 1999 and the Trademark Rules, 2017.
2. Trademark Status: Formalities Chk Fail
“Formalities Chk Fail” is a term used to describe a scenario where a trademark application does not meet the specific formal requirements set out in the Trademark Rules 2017. The Trademark Rules 2017 dictate that trademark applications must fulfil specific formalities for them to be considered for registration. These formalities include the provision of comprehensive and precise details in the application form, such as the applicant’s name and address, a clear representation of the trademark, and the goods or services for which registration is sought. Additionally, payment of the required fees for filing the application is also a requirement.
3. Trademark Status: Send Back to EDP
When an application for a trademark is submitted under the Indian Trademark Act of 1999, it must meet certain formal requirements. If the application contains technical or clerical errors or is incomplete, inaccurate, or does not meet the formal requirements set out in the Trademark Rules, the Trademark Registrar may send it back to the Electronic Data Processing (EDP) section for further clarification or rectification. This process is known as “Send Back to EDP.”
4. Trademark Status: Send to Vienna Codification
In the event that a trademark contains graphic elements or a logo, a Vienna Code is assigned. This code is determined by the nature of the graphic element or logo and is based on the Vienna Agreement. The purpose of the Vienna Agreement is to provide an internationally recognized system for the classification of figurative elements or logos included in trademarks. These figurative elements or logos are codified according to the agreement to facilitate the accurate and consistent classification of trademarks.
5. Trademark Status: Marked for Exam
In the context of the Indian Trademark Act of 1999, “Marked for Exam” is a term that indicates the status of a trademark application selected by the Trademark Registrar for examination to determine its eligibility for registration under the Act. This examination process entails a thorough review of the application, including the proposed mark, the goods or services for which the registration is sought, and any other relevant details or supporting documents submitted with the application.
6. Trademark Status: Exam Report Issued
“Exam Report Issued” is a term used in the Indian Trademark Act of 1999 to denote the report generated by the Trademark Registrar after conducting a thorough examination of a trademark application. The report is issued to the applicant in case of any discrepancies, objections, or issues identified during the examination process.
7. Trademark Status: Refused
“Trademark: refused” is a term used in the Indian Trademark Act of 1999 to describe the status of a trademark application that has been denied by the Trademark Registrar. A trademark application can be denied for several reasons, including failure to comply with formal requirements, similarity with existing trademarks, lack of distinctiveness, or use of offensive or deceptive marks.
8. Trademark Status: Objected
“Trademark: Objected” is a term used in the Indian Trademark Act of 1999 to refer to the status of a trademark application that has been objected to by the Trademark Registrar.
9. Trademark Status: Abandoned
“Trademark: Abandoned” is a term used in the Indian Trademark Act of 1999 to refer to the status of a trademark application that has been deemed abandoned by the Trademark Registrar. This means that the application has been abandoned or given up by the applicant and will not proceed to registration.
10. Trademark Status: Withdrawn
“Trademark: Withdrawn” is a term used in the Indian Trademark Act of 1999 to refer to the status of a trademark application that has been voluntarily withdrawn by the applicant. The withdrawal of a trademark application can occur for various reasons, including a change in business strategy, a decision to no longer pursue trademark registration or the discovery of potential conflicts with existing trademarks.
11. Trademark Status: Opposed
According to the Indian Trademark Act of 1999, “Trademark: Opposed” refers to the situation where a third party opposes the registration of a trademark application. The third party may file a notice of opposition with the Trademark Registrar within four months of the publication of the trademark application in the Trade Marks Journal.
12. Trademark Status: Accepted & Advertised
“Accepted & Advertised” is a status under the Indian Trademark Act of 1999, which indicates that the trademark application has been examined, and there are no objections or concerns raised by the Registrar. The application is deemed to be in order and has met all the requirements for registration.
13. Trademark Status: Advertised before acceptance
The term “Trademark: Advertised before Acceptance” is used in the Indian Trademark Act of 1999 to refer to the status of a trademark application that has been advertised in the Trademarks Journal but has not yet been accepted for registration by the Trademark Registrar.
14. Trademark Status: Accepted
“Trademark: Accepted” is a term used in the Indian Trademark Act of 1999 to refer to the status of a trademark application that has been approved by the Trademark Registrar. Once the application has been accepted, it is published in the Trademark Journal, which is available to the public for any objections or oppositions.
15. Trademark Status: Registered
“Registered” is a status under the Indian Trademark Act of 1999, indicating that the trademark application has been accepted, and the trademark has been officially registered with the Trademark Registry of India. Once a trademark is registered, the owner of the mark has exclusive rights to use the mark in connection with the goods or services for which it is registered.
When you register a trademark in India, you’ll receive a Certificate of Registration from the trademark registry that confirms your ownership of the mark. This certificate is an important legal document that can be used in court to protect your rights as a trademark owner. However, the process of registering a trademark in India is notoriously complex and time-consuming, involving several stages such as examination, opposition, and advertisement. If you’re considering registering a trademark, it’s crucial to work with an experienced trademark attorney who can help guide you through the process and ensure that you meet all the formalities and requirements to maximize your chances of success.
With over 35 years of service in the District Court of Odisha, I have witnessed and learned diverse range of cases while developing a deep understanding of the legal system. Having retired from my previous position, I now utilize my expertise to assist businesses and SMEs in managing and navigating matters related to Intellectual Property Rights and Tax Law.