How To Check Trademark Status?
When you apply for a trademark, itās essential to monitor its status throughout the registration process. Checking the trademark application status gives you a clear understanding of where it stands and allows you to take timely action. Letās explore how to check trademark status and what the different status updates mean.
Need help checking your trademark status or navigating the registration process? IndiaFilings experts are here to helpāget started today!
6 Steps to Check Your Trademark Status
Follow these simple steps to easily track your trademark status online.
Step 1: Visit the official website: https://ipindia.gov.in/
Step 2: On the homepage, youāll find several tabs for different intellectual property services. Click on the āTrademarksā tab at the top.
Step 3: Under the āRelated Linksā section, click on āTrademark Statusā, or select āTrade Mark Statusā from the four options displayed.
Step 4: On the left side of the page, select the first option labeled āTrade Mark Application/Registered Markā, then choose āNational IRDI Numberā.
Step 5: Enter your trademark application number along with the captcha code accurately. After filling in the details, click āViewā.
Step 6: Once you click āViewā, the current status of your trademark application will appear on the screen.
Alternative Method: Use the Trademark Mobile App
In addition to checking your trademark status through the official website, the Intellectual Property India app provides a mobile-friendly option for tracking the status of your trademark. You can download the app from Google Play Store or Apple App Store and follow the same steps to check your trademark status.
Check Trademark Status with IndiaFilings
At IndiaFilings, we understand how important it is to stay updated on the status of your trademark application. Our easy-to-use Trademark Status Check tool allows you to instantly find out the current progress of your trademark registration. Whether youāve recently applied or are awaiting approval, this tool provides the most up-to-date information directly from the Indian Trademark Registry.
- Enter Your Application Number: In the provided search box, enter your unique trademark application number. This number is assigned to you when you file your trademark application.
- Click "Check Status": After entering the application number, click the "Check Status" button.
- View the Status: The system will display the current status of your trademark application. This could include updates such as "Under Examination," "Published for Opposition," "Registered," or other status labels.
- Track Your Trademark Regularly: Itās a good idea to check your trademark status periodically, especially during key phases such as examination or opposition.
Different Types of Trademark Status
A trademark application goes through multiple stages of scrutiny and processing before trademark registration. Understanding each status type helps applicants know where their application stands and what actions, if any, are needed.
New Application
This status indicates that the trademark application has been successfully submitted and received by the Trademark Registry. It marks the initial stage of the process, where the application awaits further examination and detailed scrutiny by the authorities.
Send to Vienna Codification
When the trademark status shows "Send to Vienna Codification," it means the application contains a logo or figurative element. The Vienna Classification is an internationally recognized system used to categorize such elements. This step involves assigning a specific code based on the visual aspects of the logo, which aids in searching and examining similar marks.
Formalities Check Pass
This status indicates that the Trademark Registry has reviewed and accepted all the preliminary documents submitted with the application. It means the application meets the basic filing requirements, and there are no deficiencies or issues with the documentation at this stage.
Formalities Check Fail
When the status reads āFormalities Check Fail,ā it means that the Trademark Registry has identified issues or discrepancies in the documents submitted with the application. This could be due to incomplete, unclear, or incorrect documentation. Applicants will need to address these issues and resubmit the required documents to proceed with the registration process.
Marked for Exam
Once the trademark application passes the formalities check, it will be marked as "Marked for Exam." This indicates that the application is now being sent to a Trademark Examiner for further review. The examiner will carefully scrutinise all the documents and details of the application to ensure everything is in order and meets the required legal standards.
Objected
If the trademark status shows "Objected," it means the examiner has raised objections regarding the trademark application. These objections could be related to issues such as the uniqueness of the trademark, its compliance with trademark laws, or potential conflicts with existing trademarks. The applicant must respond to the examination report within one month from the date of issuance. If the applicant fails to provide a response within the stipulated time, the status will change to "Refused.
Refused or Abandoned
If the examiner is not satisfied with the response to the Examination Report or after a Show Cause Hearing, the trademark application will be marked as "Refused" or "Abandoned." This status indicates that the application has been rejected or dismissed, either due to unresolved objections or failure to address issues raised during the examination process. At this point, the applicant may appeal the decision or reapply with the necessary changes or clarifications.
Advertised Before Accepted
When the trademark status reads "Advertised Before Accepted," it indicates that the Trademark Registrar has not yet fully accepted the application. However, the trademark has been published in the Trademark Journal for public viewing. This publication allows third parties to oppose the registration if they believe it may infringe upon their existing trademark or cause any conflicts. During this period, the application is still under review, and any objections raised will be addressed before final acceptance.
Accepted and Advertised
When the trademark status reads "Accepted and Advertised," it means that the Trademark Registrar has reviewed the application and is satisfied with its compliance and distinctiveness. The trademark is now officially accepted for registration and has been published in the Trademark Journal. This publication serves as a final notice, allowing any interested parties to oppose the registration within a specified period (usually 90 days). If no objections are raised within this time frame, the trademark will proceed to final registration.
Opposed
When the trademark status reads "Opposed," it indicates that a third party has raised an objection to the trademark following its publication in the Trademark Journal. The opposition can come from any individual or entity that believes the trademark infringes on their rights or causes confusion. Once opposition is filed, a hearing may be scheduled where both parties present their arguments. If the opposition is upheld, the trademark registration may be denied or delayed. It's important to address opposition promptly to avoid further delays in the registration process.
Withdrawn
When the trademark status reads "Withdrawn," it indicates that the applicant has voluntarily decided to cancel their trademark application. This can happen if the applicant no longer wishes to pursue the registration, or if they prefer not to contest opposition raised by a third party. The decision to withdraw the application typically occurs before the final registration or rejection. Once the status is marked as "Withdrawn," the trademark process is terminated, and the applicant will need to file a new application if they wish to proceed with registration at a later date.
Registered
When the trademark status reads "Registered," it signifies that the trademark has successfully passed all stages of the examination, including the 'Accepted and Advertised' stage, and has been granted full legal protection. The trademark is officially registered by the Trademark Registry, and a certificate of registration is issued to the applicant. This status confirms that the trademark is legally recognised, and the applicant now has exclusive rights to use the trademark for their goods or services. The registered trademark can now display the Ā® symbol, signifying its official registration.
Removed
The "Removed" status indicates that the trademark has been officially removed from the Trademark Journal. This can happen under two main circumstances:
- Non-Use: If the trademark has not been used for five consecutive years after the registration certificate has been issued, the trademark can be removed.
- Failure to Renew: If the trademark owner fails to renew the trademark within the stipulated time frame, the trademark will also be removed from the registry.
Once the status reads "Removed," the trademark is no longer protected under intellectual property law, and the owner loses exclusive rights to use the mark.
Click here to know more about the Trademark Registration Status
Why Is It Important to Check Trademark Status?
Monitoring the status of your trademark application is essential to ensure smooth registration and long-term protection of your brand. Failing to track the status can lead to delays, missed deadlines, or even the abandonment of your applicationācosting you both time and money. Key Reasons to Regularly Check Trademark Status:
Stay Updated on Application Progress
Trademark applications move through multiple stages, including examination, publication, and registration. Regular status checks help you track where your application stands in the process.
Respond Promptly to Objections or Office Actions
If the Trademark Registrar raises an objection or seeks clarification, there is a limited window to respond. Missing this deadline can result in application rejection.
Avoid Legal or Financial Setbacks
Timely action on notices, hearings, or oppositions prevents unnecessary legal hassles or additional expenses due to re-filing or appeals.
Ensure Post-Registration Compliance
Even after registration, checking the trademark status ensures that renewals, assignments, or changes in ownership are properly recorded.
Prevent Trademark Misuse or Infringement
Regularly reviewing the status helps identify any unauthorised or similar trademarks being registered, allowing you to take timely legal action.
Best Practice:
It is advisable to check your trademark status every 3 to 6 months, from the application date through registration and even post-registration for renewals or changes.
At IndiaFilings, our trademark experts monitor your application's progress, handle all critical updates, and ensure you never miss an important deadline. We take care of the process so you can focus on growing your brand with peace of mind.
Understanding the Trademark Registration Process
Before checking your trademark status and understanding the types of trademark marks, it's important to first understand the overall trademark registration process.
The trademark registration process in India involves several essential stages to ensure that your brand is legally protected.
- The process begins with a Trademark Search, where you check the availability of your trademark to avoid any conflicts with existing trademarks.
- Once confirmed, you proceed to file the Application, which includes submitting the necessary documents and details about the trademark.
- After the application is filed, it undergoes an Examination by the Trademark Officer, who checks for any issues or objections related to the trademarkās registrability.
- If there are no objections, the trademark is published in the Trademark Journal for a period of 3-4 months, during which third parties can oppose the registration.
- After this, if no opposition is raised or objections are resolved, the trademark is registered, and you will receive a Trademark Registration Certificate. This certificate grants exclusive rights to use your trademark.
Finally, once registered, it is important to monitor the trademarkās status and ensure it is renewed every 10 years to maintain its protection.
Need Help with Your Trademark?
If you need assistance with checking trademark status or navigating the entire trademark registration process, IndiaFilings is here to help. Our experts can guide you through every step, from filing your trademark to handling objections and ensuring your intellectual property is protected.
Get started with IndiaFilings Trademark Services today!
Related Guides