The initiation of trademark registration over the web in India has enhanced the efficacy and transparent characteristic of the filling of trademark. Any application for trademark registration has to pass through different layers of examination before getting registered.
When the status is shown as New Application
The trademark application is passed within the database for a trademark application.
When the status is shown as Send to Vienna codification
This stage is meant for trademark applications without text possessing a logo or some kind of creative art. Post filing of application, it gets assigned with Vienna Code if the trademark contains a logo or numerical. The Vienna code is given through Registry, allowing trademark searches to happen for logos or creative works.
When the status is shown as Formalities Chk Pass
After the entire filling needs for trademark registration are done, then the status is shown as Formalities Chk Pass over the Indian Trade Mark Registry site. The Trade Mark Registry keeps checking the fundamental needs like proper translation has been done wherever it is needed. Upon being filed through agents, it has to be checked if uploading of POA is done. It shows Formalities Chk Fail when the fundamental needs are not met. Post completion, significant scrutiny is done for the trademark application. One may raise an objection during this stage as per the Trade Marks Act, 1999 to be specific, it refers to 9 and 11 sections.
When the status is shown as Marked for Exam
After the application is assigned to an examiner for issuing the report, it shows Marked for Exam over the Indian Trade Mark Registry site. Scrutiny of application for checking is done to know if trademark can be acknowledged for publication within Trade Marks Journal, before registration. Specifically, the below checks are to be done.
1. If the given pattern follows with application filling
2. If any equivalent trademark for similar service or goods is available on the record.
3. If the trademark can be registered as per Trade Marks Act 1999,.
4. If any constraint or condition has to be set
The scrutinizer then issues a consolidated Examination Report, after which it takes about 1-1.5 years for issuing the final report.
When the status is shownas Objected
If the registrar raises objections within the report, then the status is shown as Objected. Post scrutiny, objections are made as per Trade Marks Act Sections 9 and 11. To get over the objection, it is crucial to ensure that the trademark has made an explicit character due to greater usage. Thus, it is essential to make a user affidavit and convincing evidence portraying that the trademark has an explicit characteristic. Objections of section 11 are made upon having an equivalent trademark supporting the same kind of products already recorded within the Trademark Registry. Here the registrars issue a Search Report digitally made, including the compilation of differing marks.
When the status is shown as Exam Report Issued
The trademark status shows Exam Report Issued when the application is accepted to be published, and it has to be published over Trade Marks Journal. This status is the indication of trademark acceptance within first report or posts. The applicant gets over these objections in written form or hearing.
When the status is shown as Refused
It shows the status as Refused when the registrar declines an application post-hearing. The status is thus shown over the website of Indian Trade Mark Registry. The Refused status can also be shown if one-third manage to oppose the trademark registration. Upon obtaining Refused, one can file an appeal as per Trade Marks Act Section 91 in 3 months.
When the status is shown as Adv before Accepted
If the trademark application is showcased before being acknowledged by the Registrar, then the status over the websites is shown as Adv before accepted. The status lets any third parties make an application in 4 months from the journal`s advertisement date.
In those occasions where the application`s advertisement is made before being accepted and opposition made during concerned period is zero, then there is a need for the application to be acknowledged by the Accepting Officer just before issuing the certificate. After the same is accomplished, the status then turns into Advertised and Accepted, and then the status turns in to Registered. In general, the certificate of registration is provided within three months after opposition period is over.
When the status is shown as Opposed
On those occasions when a third party goes for filing an opposition is 4 months from the advertisement day, the trademarks status on the website of Indian Trademark Registry shows Opposed.
In general, third parties go for filing an application when there an identical trademark published or when the trademark is alleged as not explicit.
On such occasions, the trademark status turns into Opposed from Advertised post any third party files a notice. Concerned notice is delivered on the applicant that cites the ground based on which the opposition is made. The applicant is essential to file a counter-statement in two months post receiving the opposition notice. The status is shown Abandoned when the registry obtains no statement within the cited time.
When the status is shown as Withdrawn
The trademark status shows as Withdrawn when an application is filed by the applicant requesting its withdrawal temporarily. On some occasions, the applicant may withdraw when the Hearing Officer does not accept the trademark.
When the status is shown as Removed
The status is shown as removed when it is completely taken out of the trademark registry and remains no more trademarked.
When the status is shown as Registered
The status is shown as registered when the registrar issues the certificate of trademark registration. It indicates the applicant is the registered owner. On such occasions, the concerned person can use ® symbol by the side of its trademark. As per current act, validity of registration is for 10 years only from application date, which must be renewed before getting expired.