16 Oct How to Check the Status of Trademark Registration in India
Trademark registration is an essential step that is to be performed mandatorily if a person wants to enjoy the exclusive rights to his/her product. It helps in differentiating your products from all the other products in the market. It plays a vital role in establishing the company’s ownership of the brand. While the steps for registering a trademark are very crucial and to be executed with utmost diligence. Once the process is complete, you will be eager to have the exclusivity and will need to check for the status of your said registration frequently so that you can be assured that everything is done correctly and there are no more hurdles in the process. This blog will guide you through the steps for checking the status of your registration.
The steps are as follows:
- You have to log on to the website https://ipindiaonline.gov.in/eregister/eregister.aspx
This will take you to the official IP WEBSITE for Indian Intellectual properties.
- You can see the option on the left side of the page that first pops up, it says ‘Trade Mark Application/Registration Mark’, After you select it, two options will appear on your screen.
Between those two options, you have to choose National IRDI NUMBER and click on it.
- The next important step is entering the trademark registration number! Obviously, there can be no status without a unique number. After entering, we have to verify our existence as humans and prove that we are not robots by entering the correct captcha code. Once it is done, click on ‘View’.
- After clicking the ‘View’ button, the website will display your status for the trademark application.
Different types of Trademark Status and their Meaning
An application filed for any purpose goes through many different stages of scrutiny and inspections to point out the mistakes or omissions in the former process. Trademark applications go through a similar process. It is essential to understand the intent of each type of status so that you know what message it conveys and the actions to be taken further.
This means that a fresh application has just been received for the inspection and further process. This is the initial stage for your application. The details are to be checked with more depth in the next stages.
2.SEND TO VIENNA CODIFICATION
Vienna codification classification is the international standard for logos and it’s elements. This code is assigned by assessing the nature of the elements in the logo.
3.FORMALITIES CHECK PASS
This stage means that all the preliminary documents that were submitted along with the application have been accepted by the trademark registry. In other words, your application is well on it’s way and has been accepted by the registry. This indicated your application was free of blunders or errors.
4.FORMALITIES CHECK FAIL
If any mistakes or problems are found in your application or documents, the status will read as ‘Formalities check fail’. This could be due to insufficiency or lack of clarity in documents.
5.MARKETED FOR EXAM
After the formalities check is passed, it will be sent to a Trademark Examiner who will scrutinize all the documents and decide that the application is complete in all respects.
If this status appears for your application, it means there are certain objections to your application. If this occurs, the examination report needs to be answered within one month. If the answer is not submitted the application will be Refused’.
7. REFUSED OR ABANDONED
If the examiner is not satisfied with your answer to the report he raised during the objection phase, the application will be rendered as ‘Refused or Abandoned’.
8.ADVERTISED BEFORE ACCEPTED
This means that the Trademark Registrar is not convinced about the nature of that trademark.
9.ACCEPTED & ADVERTISED
This stage means the Trademark Registrar is satisfied with the nature of the trademark and allows the trademark to be registered in the Trademark Journal as it is distinctive enough to be deemed as a trademark.
After acceptance, a period of 3-4 month is allotted to the general public to raise any opposition they have against the particular trademark. If any contradiction is raised, the status will read as ‘Opposed’.
After the opposition, the applicant can either choose to fight against it or voluntarily withdraw his/her application for the trademark.
Once your application advances through all the stages, a registration certificate is issued for your application by the Trademarks registry. It means the process is successfully complete and your trademark now belongs to you.
If the trademark is not used for five consecutive years after issuance of registration certificate, or the owner forgets to renew it, it can be removed from the Trademark Journal.
Thus, This essential information will help you understand the status of your application without any ambiguities and help you attain the rights to it without any difficulties throughout the way.
You can Contact us through the form below or if urgent you can take Online Consultation and get expert legal assistance regarding the process or status of the trademark. We can help you keep the status of your trademark on track and make the process hassle-free for all our clients.