Trademark Registration Status Check in India
Trademark registration in India is the legal process of registering a distinctive brand name, logo, symbol, word, phrase, or other mark with the Trade Marks Registry to obtain legal protection. Governed by the Trade Marks Act, 1999, trademark registration helps establish the proprietor's rights over the registered mark and provides protection against unauthorised use in relation to the registered goods or services.
Once a trademark application is filed, it passes through several stages before registration, including formalities checking, examination, publication in the Trade Marks Journal, opposition, and registration. Applicants can monitor these stages through the official Trade Marks Registry status facility.
To understand the concept in detail, read about what is trademark registration and its legal meaning in India.
What Is Trademark Registration in India?
Trademark registration is the process of officially recording a distinctive mark in the Register of Trade Marks maintained by the Trade Marks Registry in India. A trademark may include a brand name, word, logo, symbol, tagline, label, numerals, or other distinctive elements used to distinguish the goods or services of one business from those of another.
The registration process is administered by the Trade Marks Registry under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). A registered trademark gives the proprietor statutory rights over the mark in connection with the goods or services covered by the registration.
Trademark registration also provides a legal basis for taking appropriate action against infringement and helps establish the trademark as an intellectual property asset of the business.
India follows the Nice Classification system for classifying goods and services. Therefore, selecting the appropriate trademark class is an important part of filing and obtaining protection for a trademark.
What Is Trademark Registration Status Check in India?
Trademark Registration Status Check is the process of checking the current stage and latest updates of a trademark application filed with the Trade Marks Registry in India. The status provides information about where the application currently stands in the registration process and whether any action is required from the applicant.
Depending on the stage of the application, the status may indicate that the application is newly filed, undergoing formalities checking, sent for examination, objected, accepted and advertised, opposed, registered, abandoned, refused, or in another procedural stage.
Regularly checking the trademark status helps applicants identify important updates and respond to examination objections, hearings, opposition proceedings, or other Registry communications within the prescribed time.
Why Should You Check Your Trademark Registration Status?
After filing a trademark application, the registration process can involve multiple stages and may require action from the applicant. A regular trademark registration Status Check helps applicants stay informed about the progress of their application.
The main reasons to check trademark registration status include:
- To track the progress of a trademark application.
- To check whether the application has passed the formalities stage.
- To know whether the trademark has been examined.
- To identify an examination objection or report.
- To check whether a hearing has been scheduled.
- To monitor publication in the Trade Marks Journal.
- To identify whether the application has been opposed.
- To confirm whether the trademark has been registered.
- To check the availability of the registration certificate after registration.
How to Check Trademark Registration Status Online in India?
The trademark registration Status Check can be performed online through the official Intellectual Property India Trade Marks status facility. The current official status system provides access to registered trademark and application status information.
Step-by-Step Process to Check Trademark Status
- Visit the IP India Website: Open the official Intellectual Property India website and access the Trade Marks section.
- Open the Trade Marks Status Facility: Select the option for checking Trade Mark application or registered mark status.
- Choose the Relevant Search Method: Use the available search facility to locate the trademark application or registered mark.
- Enter the Required Details: Provide the application number or other information requested by the official status system.
- Complete Verification: Enter the captcha or complete the OTP verification, depending on the status facility being used.
- View the Trademark Record: Open the relevant trademark application or registered mark record.
- Check the Current Status: Review the latest status, dates, examination information, opposition details, and other available updates.
The IP India system may update its interface and authentication method from time to time. Therefore, applicants should follow the instructions displayed on the official portal when performing a Status Check. The Trade Marks Registry also provides an e-Register facility through which applicants can view application status and registered trademark information.
What Information Is Required for Trademark Status Check?
The information required may depend on the search facility being used. Applicants should keep their trademark application details available when checking the status.
Commonly useful information includes:
- Trademark Application Number: The number assigned after filing the application.
- Trademark Name: The brand name or mark submitted for registration.
- Proprietor Name: The name of the applicant or trademark owner.
- Trademark Class: The class associated with the goods or services.
- Application Details: Other information requested by the official status facility.
The application number is particularly useful for locating a specific trademark application. If the application number is unavailable, the official e-Register guidance also provides a search option using the trademark, proprietor name, class, and goods or services.
What Are the Different Trademark Registration Statuses in India?
A trademark application can display different status messages as it moves through the registration process. Understanding these statuses helps applicants determine whether the application is progressing normally or requires further action.
| Trademark Status | Meaning | What You Should Do |
|---|---|---|
| New Application | The trademark application has been filed and received by the Trade Marks Registry. | Monitor the application for further updates. |
| Send to Vienna Codification | The application containing a device or logo mark is being processed for Vienna Classification. | Wait for the classification and subsequent processing. |
| Formalities Check Pass | The application has passed the preliminary formalities review. | Continue monitoring the application. |
| Formalities Check Fail | A deficiency or issue has been identified during the formalities check. | Review the Registry communication and rectify the deficiency. |
| Marked for Exam | The application has moved to substantive examination. | Wait for the examination result or report. |
| Objected | The Examiner has raised an objection against the trademark application. | Review the examination report and submit a response within the prescribed period. |
| Accepted and Advertised | The trademark has been accepted and published in the Trade Marks Journal. | Monitor the opposition period. |
| Opposed | A third party has filed an opposition against the trademark application. | File the required counter-statement and defend the application. |
| Registered | The trademark has successfully completed the registration process. | Obtain the registration certificate and monitor renewal requirements. |
| Abandoned | The application has been treated as abandoned due to failure to take required action or other applicable reasons. | Review the reason and determine whether restoration or a fresh application is appropriate. |
| Withdrawn | The applicant has withdrawn the trademark application. | A fresh application may be required if protection is still needed. |
| Refused | The Trademark Registry has refused the application. | Review the grounds of refusal and consider the available legal remedies. |
What Does New Application Mean in Trademark Status?
New Application means that the trademark application has been filed with the Trade Marks Registry and is at an initial stage of processing.
At this stage, the applicant should retain the filing acknowledgement and application number and continue monitoring the application for further updates. No immediate action is generally required unless the Registry issues a specific requirement.
What Does Send to Vienna Codification Mean in Trademark Status?
Send to Vienna Codification generally relates to applications containing figurative elements such as logos or devices. The visual elements of the trademark are classified under the Vienna Classification system to support the examination and searching of figurative marks.
This status does not mean that the trademark has been accepted or registered. The application continues through the relevant stages after the classification process.
What Does Formalities Check Pass Mean?
Formalities Check Pass indicates that the application has passed the initial scrutiny of its filing formalities and supporting requirements.
The application can proceed to the next stage of processing and examination. Applicants should continue checking the status for further updates.
What Does Formalities Check Fail Mean?
Formalities Check Fail indicates that the Registry has identified a deficiency or issue with the application during the preliminary formalities review.
The applicant should examine the relevant Registry communication and complete the required correction or submission within the prescribed period. Failure to address the deficiency may delay the application or result in adverse action.
What Does Marked for Exam Mean?
Marked for Exam means that the trademark application has moved to the examination stage. The Trademark Examiner reviews the application to determine whether the mark satisfies the legal requirements for registration.
The examination may consider the distinctiveness of the trademark, potential conflicts with existing marks, and other applicable grounds under the Trade Marks Act, 1999.
What Does Objected Mean in Trademark Status?
An Objected status indicates that the Trademark Examiner has raised one or more objections against the application. The objection may relate to the nature of the mark, its distinctiveness, similarity with an existing trademark, or other legal grounds.
Common Reasons for Trademark Objection
- The trademark is descriptive of the goods or services.
- The trademark lacks sufficient distinctiveness.
- The proposed mark is identical or deceptively similar to an existing mark.
- The mark may create confusion among consumers.
- The application does not satisfy another applicable requirement of trademark law.
What Should You Do After a Trademark Objection?
- Obtain and review the Examination Report.
- Identify each objection raised by the Examiner.
- Prepare a suitable response addressing the objections.
- Provide supporting evidence or documents where required.
- Submit the response within the prescribed period.
- Attend a hearing if one is scheduled by the Registry.
Applicants should pay particular attention to the deadline stated in the examination communication. Failure to respond within the prescribed period can result in the application being treated as abandoned under the applicable rules.
What Does Accepted and Advertised Mean in Trademark Status?
Accepted and Advertised means that the trademark application has been accepted for publication in the Trade Marks Journal.
Publication gives third parties an opportunity to oppose the registration. Therefore, this status is an important milestone but does not by itself mean that the trademark is finally registered.
Under the current Trade Marks Rules, an opposition may be filed within the prescribed period following advertisement in the Trade Marks Journal. The official IP India filing guidance currently describes the opposition window as four months.
What Does Opposed Mean in Trademark Status?
Opposed means that a third party has filed a Notice of Opposition against the trademark application after its publication in the Trade Marks Journal.
A trademark may be opposed for reasons such as similarity with an existing mark, prior rights, likelihood of confusion, or other grounds recognised under trademark law.
After receiving the opposition notice, the applicant must file the required counter-statement within the prescribed period and participate in the opposition proceedings. Failure to take the required action within the prescribed period can affect the trademark application.
What Does Registered Mean in Trademark Status?
Registered means that the trademark has successfully completed the registration process and has been entered in the Register of Trade Marks.
After registration, the proprietor receives the trademark registration certificate and obtains statutory rights in relation to the registered mark and the goods or services covered by the registration.
The registered proprietor may use the ® symbol with the registered trademark after registration and can take appropriate legal action against infringement, subject to the applicable law.
What Does Abandoned Mean in Trademark Status?
Abandoned means that the trademark application has been treated as abandoned by the Trade Marks Registry. This may occur when the applicant fails to take a required action within the prescribed period.
If an application is marked as abandoned, the applicant should identify the reason for abandonment and determine whether restoration or a fresh trademark application is available and appropriate.
What Does Refused Mean in Trademark Status?
Refused means that the Trademark Registry has refused the trademark application after considering the applicable objections, evidence, hearing, or other relevant factors.
The next step depends on the grounds for refusal and the procedural stage. The applicant may consider the available legal remedies or evaluate whether a fresh application is appropriate.
What Does Withdrawn Mean in Trademark Status?
Withdrawn means that the applicant has voluntarily withdrawn the trademark application.
Once an application is withdrawn, it does not continue through the normal registration process. If protection is still required, the applicant may consider filing a fresh application after reviewing the circumstances of the withdrawal.
How Long Does Trademark Registration Take in India?
There is no single fixed timeline for every trademark application. The time required depends on factors such as examination, objections, hearings, publication, opposition, and the workload of the Trademark Registry.
The major stages generally include:
| Stage | What Happens |
|---|---|
| Application Filing | The trademark application is filed and receives an application number. |
| Formalities Check | The Registry checks the initial filing requirements and documents. |
| Examination | The Examiner reviews the trademark for registrability and possible objections. |
| Examination Response | If objections are raised, the applicant submits a response and may attend a hearing. |
| Journal Publication | An accepted application is published in the Trade Marks Journal. |
| Opposition | Third parties may oppose the application within the prescribed period. |
| Registration | If the application successfully completes the process, the trademark is registered. |
Applicants should therefore monitor the official status rather than relying on a fixed registration date. The current IP India filing guidance also provides a dedicated step for tracking application status during the registration process.
How Often Should You Check Your Trademark Registration Status?
Trademark applicants do not necessarily need to check their application every day, but regular monitoring is important throughout the registration process.
A Status Check is particularly important:
- After filing the trademark application.
- When the application moves to examination.
- When an Examination Report is issued.
- After submitting a response to an objection.
- When the application is accepted and advertised.
- During the opposition period.
- When a hearing is scheduled.
- When the application status changes to Registered.
Regular monitoring helps ensure that important Registry communications and prescribed deadlines are not overlooked.
What Happens After the Trademark Status Shows Registered?
When the trademark status changes to Registered, the trademark has completed the registration process and the registration certificate can be obtained through the Trade Marks Registry's electronic system.
After registration, the trademark owner should:
- Download and securely store the trademark registration certificate.
- Verify the registered trademark and proprietor details.
- Use the registered trademark consistently.
- Monitor the market for potential infringement.
- Monitor the Trade Marks Journal for conflicting applications.
- Keep track of the trademark renewal date.
A registered trademark is valid for 10 years from the date of application and can be renewed for successive periods of 10 years by following the prescribed renewal procedure.
What Should You Do If Your Trademark Status Has Not Changed?
A trademark application may remain at a particular stage for some time because processing depends on the nature of the application and the workload of the Trademark Registry.
If your trademark status has not changed for an extended period, you can:
- Continue monitoring the official application record.
- Check whether any examination report or Registry communication has been issued.
- Review the application history and available documents.
- Check whether a hearing or other procedural action is pending.
- Seek professional assistance if the application appears to require action.
A status that has remained unchanged does not automatically mean that the application has been rejected. The specific application record and available Registry communications should be reviewed before taking further action.
How Can IndiaFilings Help With Trademark Registration Status Check?
IndiaFilings provides assistance with monitoring trademark applications and understanding the status displayed by the Trade Marks Registry. Our team helps applicants track application progress, identify important updates, and understand the next steps where action is required.
IndiaFilings also provides support for trademark filing, examination objections, and opposition proceedings, helping applicants manage the trademark registration process from application to registration.
For applicants who want to monitor their trademark regularly, professional tracking support can help keep the application process organised and ensure that important updates are not missed.
How Can You Complete Your Trademark Registration Status Check Successfully?
To complete a Trademark Registration Status Check, keep your trademark application details available and use the official IP India Trade Marks status facility to locate the application record. Review the current status along with any examination reports, correspondence, hearing information, or other updates available for the application.
If the status requires action, respond within the prescribed period. Examination objections, hearings, and opposition proceedings can involve specific deadlines, and failing to take timely action may affect the application.
Once the status changes to Registered, obtain the trademark registration certificate, verify the registration details, and monitor the renewal date and ongoing protection requirements.
Why Choose IndiaFilings for Trademark Registration Status Check?
IndiaFilings provides professional assistance for tracking trademark applications and understanding the status shown by the Trade Marks Registry. Our experienced team helps applicants monitor important updates and identify when action is required.
Our streamlined online support makes it easier to manage trademark status tracking, examination objections, opposition proceedings, and registration-related requirements without having to navigate the process alone.
IndiaFilings also provides ongoing trademark support after registration, including monitoring and renewal assistance, helping businesses maintain their trademark protection over the long term.
