Navigating Trademark Status: Accepted Trademark Status

The “accepted” status of a trademark application in the Indian trademark registration system indicates that the trademark has successfully passed the examination stage and is deemed eligible for registration. Once a trademark application is approved, it is published in the Trademark Gazette for four months to avoid any opposition. If no objections are raised within this period, the trademark will be registered and the applicant will be issued a certificate of registration.

You can check the Trademark Gazette by clicking here.

Accepted & Advertised

In the Indian Trademark Registration Scheme, the status of “accepted and advertised” means that the Registrar has examined the trademark application and found that it is acceptable for registration. The trademark has also been advertised in the Trademark Journal, a weekly publication of the Trademark Register which lists all approved trademarks

Once a trademark is advertised, it can be opposed for four months from the date of advertisement. If no opposition is filed within this period, or if the opposition is unsuccessful, the trademark will go to registration.

It is important to note that “approved and advertised” status does not guarantee registration. The trademark may be further opposed or refused during the opposition, and the Registrar may also issue a notice of amendment if there is any discrepancy in the trademark application.

Advertised before Acceptance

In the Indian trademark registration system, a trademark status “pre-advertised” means that the trademark has been advertised in a trademark journal before being accepted by the Registrar This status means a trademark application has successfully passed the examination stage and has been approved for publication in the trademark journal. However, the Registrar is yet to approve and register the trademark. The purpose of a trademark notice is to give the public the right to oppose the trademark notice within four months from the date of the notice. If no opposition is filed or the opposition fails, the Registrar will accept and register the trademark.

When can Advertise before Acceptance happen?

A “advertised before acceptance” situation may occur when a trademark application has been examined and approved by the Registrar of Trademarks, but the applicant has not yet paid the required registration fee. Consequently, the registration application was not granted at all, but the Registrar went ahead and legally advertised the trade mark in the Trade Mark Gazette This condition indicates that the trade mark has been infringed and advertised in the Magazine but not yet accepted for registration. Once the applicant submits the required fee and the registration process is completed, the status changes to “registered”.

Registered

The status of “Registered” in the Indian Trademark Registration System means that the Trademark Registration system has approved the trademark application and added it to the Trademark List Once a trademark is registered, only the trademark owner reserves the right to use the trademark for the goods or services registered thereon.
Registration of a trademark gives the owner legal protection against unauthorized use of the trademark by others. The owner may take legal action against any person or entity using the trademark without permission or violating the owner’s rights. The owner may license or assign the trademark to others for use in exchange for royalties or other compensation.

Once registered, a trademark is valid for ten years from the date of registration. The registration can be renewed for ten consecutive years, as long as the owner continues to use the trademark and files the necessary renewal applications. Once registered, you can download the registered certificate online from this given link.

It is important to note that trademark registration does not guarantee full trademark protection. Owners still need to be vigilant in monitoring trademark use and take legal action against any infringement. Additionally, if the trademark has not been used continuously for five years or its registration is found not to be in bad faith, the trademark may be cancelled or removed from the registration

How can Tradeviser help in your Trademark journey?

We have an awesome in-house team of Trademark professionals who can provide valuable assistance throughout the trademark process. Our Trademark Attorneys can then help prepare and file a trademark application with the relevant trademark office and respond to the office’s actions or objections to the examination. If the trademark is challenged, our attorney can help prepare and present a strong case supporting the application. Finally, once a trademark is registered, our attorney can help monitor and enforce trademark rights to prevent infringement by others. Through our team’s expertise and knowledge of the legal environment, we can help ensure that the trademark registration process goes smoothly and the resulting trademark offers the necessary protection of the symbol or object.