Understanding Trademark Status: Send to Vienna Codification
Update: 27-05-2023
Recently, the Vienna Codification process has been experiencing delays, taking approximately 2-9 months instead of the usual 3-20 working days. This is primarily due to slower processing at the registry.
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 accurate and consistent classification of trademarks.
When a trademark application status indicates “Send to Vienna Codification,” it signifies that the application has been forwarded to the Vienna Codification branch of the Indian Trademarks Registry for the purpose of classifying the goods or services cited in the application.
The Vienna Codification is a widely recognized system for categorizing goods and services in order to register trademarks. This system is based on the international Vienna Classification, which is responsible for classifying the graphic elements of marks.
The Vienna Codification branch of the Trademarks Registry is accountable for assigning the correct class numbers to the goods and services listed in the trademark application. These class numbers aid in determining the type of goods or services for which the trademark is being sought and differentiate it from other trademarks in the same class.
Once the trademark application is classified by the Codification branch, it is forwarded to an examiner for further examination and processing.
What should be done next?
If your trademark status indicates “Send to Vienna Codification” under the Trademarks Act 1999, it means that your trademark application has been forwarded to the Vienna Codification database for further assessment of its graphical representation. This international system classifies figurative elements of trademarks and comprises over 20,000 graphic symbols utilized to represent goods and services.
The examination process in the Vienna Codification database is comprehensive, and it determines whether your trademark is unique and suitable for registration. The assessment period can take several months, and it is crucial to check your trademark status regularly and seek updates or clarifications from the trademark office.
It’s important to keep in mind that if your trademark is found to be similar to an existing one or contains a prohibited or offensive element, it may be declined. In such circumstances, you may need to modify your trademark or choose a new one.
In summary, if your trademark status displays as “Send to Vienna Codification” under the Trademarks Act 1999, it means that your application is being evaluated by the Vienna Codification database. Therefore, it’s essential to stay informed and be ready to modify your trademark if necessary.
Managing the trademark process can be challenging due to the intricate nature of the law and its regulations. Our team of trademark experts can provide professional guidance and assistance throughout the entire process, ensuring that your trademark is successfully registered. Please don’t hesitate to contact us to book our services by clicking the button below.
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.