Trademark Status “Send to Vienna Codification”: Meaning, Delay, and What You Should Do

Updated: 27 May 2025

If you’re checking the status of your trademark application in India and come across the term “Send to Vienna Codification,” you may find yourself unsure of what it means or what steps to take next. This article aims to clarify the purpose behind this status, why it occurs, the reasons for recent delays, and how you can manage the process effectively.

What Does “Send to Vienna Codification” Actually Mean?

When your trademark includes a logo, image, or any type of visual or graphic element, it undergoes a classification process known as Vienna Codification. This system is part of the Vienna Agreement, an international framework used to classify the figurative elements of trademarks.

If your application shows the status “Send to Vienna Codification,” it means the Indian Trademarks Registry has forwarded your application to the Vienna Codification branch. Here, the visual components of your mark will be analyzed and assigned a specific classification code based on their design features. These codes are used to determine whether similar marks exist and to ensure consistency in registration procedures across jurisdictions.

Understanding the Vienna Codification System

The Vienna Classification is used globally to catalogue and compare graphic elements such as logos, icons, emblems, seals, and symbols in trademark applications. Every graphic element is broken down and categorized using a structured code, making it easier for trademark offices to identify potentially conflicting marks.

The Vienna Codification process assigns a six-digit code to the figurative part of your trademark. This code helps examiners search for existing trademarks with similar visual traits. This system not only brings uniformity but also helps prevent the registration of confusingly similar marks.

Why Is There a Delay in the Vienna Codification Process?

Until recently, the Vienna Codification process typically took between 3 to 20 working days. However, as of mid-2023 and continuing into 2025, applicants have reported delays ranging from 2 to 9 months.

The slowdown can be attributed to several factors:

• A significant increase in trademark applications containing logos and graphic elements

• Administrative or staffing challenges within the Trademark Registry

• Manual processing of complex or unique graphic components

• A growing backlog at the Vienna Codification division

As a result, applicants are seeing extended timelines before their applications can proceed to examination.

What Should You Do When the Status Shows “Send to Vienna Codification”?

If your application has reached this stage, you don’t need to take any immediate action. However, it is important to remain informed and engaged during this period.

Here are some practical steps:

1. Check Your Status Regularly
   Monitor your trademark application on the IP India website using your application number. Checking weekly is a good practice.

2. Be Patient but Informed
   While the process is taking longer than usual, it is still progressing. Delays in this stage are common and do not necessarily indicate a problem with your application.

3. Do Not Modify the Trademark Prematurely
   Avoid making changes to your trademark design unless you receive a formal objection or are advised to do so by a legal expert.

4. Prepare for the Examination Stage
   Once codification is complete, your application will move to the examination stage. Be ready to respond to any objections that may be raised.

5. Consult a Trademark Professional
   If the delay stretches beyond a reasonable timeframe or you are unsure about how to proceed, consider reaching out to a trademark attorney or expert.

What Happens After the Codification?

After the Vienna Codification branch completes its review, the trademark application is forwarded to an examiner for the next stage of processing. If the examiner identifies any issues, you may receive an Examination Report.

Here are some possible outcomes:

• If your trademark is visually similar to an existing registered mark, you might receive objections under Section 11 of the Trademarks Act (relative grounds for refusal).

• If the graphic contains restricted, religious, or offensive content, you may face objections under Section 9 (absolute grounds for refusal).

• You will then have the opportunity to respond to the objections or request a hearing to defend your mark.

In many cases, the success of your response depends on how well your reply is structured and whether supporting documents or clarifications are provided.

Why Legal Assistance Matters

Trademark registration involving logos or images is more complex than text-only trademarks. A professional can help:

• Track application progress and follow up with the Registry

• Draft responses to examination reports and objections

• Assess the risk of refusal and suggest viable changes

• Ensure your brand assets are protected under law

Whether you’re a startup or an established business, having expert support can prevent costly delays and improve your chances of successful registration.

Need Help with Your Trademark Application?

Navigating trademark delays and classifications can be time-consuming and confusing, especially with the current processing backlog. At Tradeviser, our team of experts can guide you through the entire trademark registration process, including application filing, responding to objections, and managing Vienna Codification delays.

To speak with a trademark expert or book a consultation, contact us today.