When any applicant files a trademark for their brand, some become anxious about what’s the status of the trademark. In this blog, we will discuss the various trademark status in brief.
Do You Want to Know About Your Trademark Status?
In India, there are a lot of opportunities open for businessmen, and nowadays many people are going towards business, and everyone wants to protect their brand so that no one can steal their brand’s identity. The importance of Trademark has also increased, first, let’s take a look at how we can register our trademark for our brand.
The process is as follows:
Application Filing: Firstly, the process begins with filing an application by the applicant through the Registrar of Trademarks. The application can be submitted offline and online, with the logo, name, and slogan that you need protection. Understanding these statuses is important for applicants to know what the status of the application is and what is to be done next.
Examination: Secondly, after filing the application it is fixed for examination, to check that it doesn’t conflict with the existing trademark. The examination also could lead to objections, which are going to be solved in the further process.
Publication: Thirdly, if the examination is successful, the trademark will be published in the trademark journal.
Registration: If there’s no opposition, or if any opposition is successfully addressed, the trademark is registered, providing the owner with exclusive rights to its use for ten years, and if required you can renew it for life.
Now let’s progress toward Trademark statutes that come out during Trademark registration.
Unlocking Trademark Application Statuses: The process of a trademark registration application is marked by different stages, each defining a particular phase in the registration process. Understanding these statuses is important for applicants to know where their application stands and what actions might be required next.
New Application: This is the starting of the trademark journey. It states that the application has been filed successfully and is in queue and the initial processing has been started by the Trademark Office.
Vienna Codification: This status is specific to non-textual trademarks, such as symbols or logos. The Vienna Codification is an international system for these trademarks to ensure they are categorized correctly for further processing.
Formalities Check: The application undergoes a preliminary review to ensure all procedural requirements, such as necessary documents and fees, are in order. If everything is in order, it pass the examination or else it fails, requiring the Trademark applicant to solve the issues that are arising out while registering.
Send back EDP & PRAS: EDP stands for Electronic Data Processing, and PRAS is the Pre-Registration Amendment Section. This status states that the application is under data processing or requires certain changes before it can reach to the next stage.
Marked for Exam & Exam Report Issued: The trademark application is under scrutiny before the concerned Trade Mark Registry. A report of the examination has been issued, which might get objections or clarifications that the applicant needs to solve.
Objected: The Trademark registrar has identified certain grounds for refusing the trademark. These trademark objections or objections need to be addressed by the applicant for the process to progress further.
Abandoned: This status signifies that the applicant failed to respond to the Trade Mark Registrar’s objections or clarifications within the time limit that has been provided by the registrar. As a result, the application is no longer considerable.
Accepted and Advertised: The application has cleared all objections and is now published in the trademark journal. This publication allows third parties to view the application and raise any opposition if they believe the trademark infringes on their rights.
Show cause Hearing: The Trademark registrar further clarification on the application. A hearing is scheduled where the applicant must represent their case.
Refused: If the trademark application gets rejected by the concerned authority then there could be objections, successful oppositions by third parties, or other reasons deemed fit by the Registrar.
Opposed: This refers to your trademark being opposed by opposition through filing of notice. This simply means any party that believes your trademark application infringes on their rights has raised a formal challenge against it.
Registered: This is the success of your trademark journey. This states that the trademark has been successfully registered, granting the application exclusive rights to its use.
Remove and Withdrawn: The trademark may be removed from the official website due to non-renewal or has been withdrawn by the applicant willfully.
Now, let’s move to the process of checking trademark status online:
In this tech-savvy era, the applicant or the candidate can check the trademark status online, without visiting the trademark registration office.
Introduction to the official IP India Website and its features:
The official IP India website is the path to reach India’s Intellectual Property Services, encompassing not just trademarks but also patents, designs and geographical indications.
Let’s discuss some of their salient features:
Comprehensive E-filing Services: It allows the applicants, to file new applications, respond to objections, and renew trademarks.
Public Search of Trademarks: This helps to avoid potential conflicts for the existing trademarks.
Trademark Status and Document Retrieval: Helps the applicants to check the current status of the trademark
E-Register: This function provides the applicant with all registered trademarks.
Notifications and Alerts: Keep applicants updated on any changes or announcements related to IP rights in India.
Conclusion: Tracking the status of your trademark application is important to ensure a smoother registration process. By understanding the status of the application and keeping track of the issues that could object so that, you can do the trademark registration more smoothly and hassle-free.
Also read about, how to download trademark certificate
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