NAVIGATING TRADEMARK APPLICATION STATUS CHECK IN INDIA: A COMPREHENSIVE GUIDE

INTRODUCTION:

In today’s competitive business landscape, a trademark serves as the cornerstone of brand identity and recognition. Registering a trade mark in India is a vital step to protect your brand’s distinctiveness and prevent unauthorized use. However, the journey doesn’t end with filling the application; regular checks on the trademark application status are crucial to ensure your brand’s protection remains on track. In this blog we’ll explore the significance of monitoring the trademark application status in India. However, in order to get a precise sense of your trademark status, you must first understand what each status entails. In this short and quick blog of trademark registration, we have complied all stages of trademark status in one place for easy comprehension.

THE VARIOUS STAGES OF TRADEMARK STATUS ARE AS FOLLOWS:

• NEW TRADEMARK APPLICATION – – The first step is to apply for a trademark. Once this is completed, you may use a TM mark next to your brand name, logo, or design.

• FORMALTIES CHECK PASS – this means the application has been filled correctly and the trademark registrar has accepted all the preliminary documents and application.

• FORMALTIES CHECK FAIL – this means the application has not been filled correctly and the trademark registrar has rejected all the preliminary documents and application. and an amending form may be submitted.

• SEND TO VIEENA CODIFICATION – If the application has a logo, the data is sorted according to Vienna codification.

• MARKED FOR EXAM – if in your application status you have received status as “marked for exam” it says that Application will be checked by the Examiner of Trademarks.

• OBJECTED – This application has been challenged by the Trademark Registry and is awaiting a response on the test report.  

• EXAM REPORT ISSUED – The application has been granted or another matter has been raised by the Trademark Examiner. 
• READY FOR SHOW CAUSE HEARING – A request for a hearing has been made. 

• ABANDONED – If the response is not served within the specified time, it is marked as abandoned.  

• ADVERTISED BEFORE ACCEPTED – this means that your trademark has been published in Trademark journal, but the Registrar is not entirely satisfied with the distinctiveness of your registered trademark and your trademark is published to allow any third party that has previously objected to your trademark that it is not acceptable 

• OPPOSED – Objecting to a trademark application filed by a third party.

• REGISTERED – This means the trademark has been registered successfully.

• REFUSED – This means the application has been refused by the trademark registrar.

• INVALID- This means that adequate fees have not been received to the registrar.

• WITHDRAWN- The trademark application was withdrawn by the applicant himself. 

• SEND BACK TO EDP- The trademark application has been returned for correct data entry or to scan the application.  

• SEND TO PRAS- Pre-Registration Amendment section. If you have filed any amendment to your Trademark Application, then PRAS will deal amendment.

• ABA/READVERTISED- Advertised before Acceptance and published in Journal.

• UNDER DIVISION – this means international trademark application is under process.

• RECTIFICATION FIELD – Rectification application filed by a Third Party to remove the Trademark Application from the Register of Trademarks.

• STAY OF REGISTRATION– Application has been stayed by IPAB or Indian Court.

• OPPOSITION WITHDRAWN– Opposition filed by Third Party has been withdrawn.

CONCLUSION:

Regularly checking the status of your trademark application in India is crucial to stay informed about its progress and to take necessary actions at each stage. Remember that trademark application procedure can be intricate, so don’t hesitate to seek professional guidance if needed. By staying engaged with application process you’re taking proactive steps to safeguard your brand identity in the Indian market.