Check Trademark Status in India
Once a trademark application is filed in India, the same goes through the various stages of Trademark Prosecution (https://ssrana.in/ip-laws/trademarks-in-india/trademark-application-filing-process-india/). After filing of trade mark application with the Indian IP Office, the status of the applications can be tracked/ reviewed on the website of Indian IP Office.
In general, in a straight forward case, a trademark is registered in India within a period of 5-8 months from date on which trademark was filed with the Registry. Our trademark team was successful in filing, prosecuting and registering a trademark in India within a period of 5 months.
From the stage of filing to registration, a trademark application in India goes through various stages, depending upon the stage of prosecution. While a trademark application is pending registration, depending upon the stage, the appropriate status of trademark is reflected on the trademark registry’s website here (https://ipindiaonline.gov.in/eregister/eregister.aspx). The trademark status can be checked by just entering the application no. or registration no. of the trademark.
Trademark Status and their Meaning: India
1. New Application: This status implies that trademark has been filed with the Registry and filing details have about the trademark has been entered in the system of Trademark Registry.
2. Send to Vienna Codification: This status is issued to logo or device trademarks only as logo or device marks depending upon the kind of device are assigned Vienna codes or classification. The Vienna Classification (https://www.wipo.int/classifications/nivilo/vienna/index.htm) is the International Classification of the Figurative Elements of Marks.
3. Formalities Chk Pass: This status indicates that the trademark application successfully complies with the filing requirements and formalities as enumerated under the Trademark Act and Rules. After this stage, the trademark will proceed towards examination by the Examiner
4. Formalities Chk Fail: This status implies that the trademark application lacks any of the filing requirements. In such a case, the applicant has to fulfill the requirements/Chk fail as stated by the Registry.
5. Send back to EDP: The status of EDP or Electronic Data Processing is for the Trademark Office and applicant has to do nothing when his application shows this status. The status implies that there has been error with reference to data entry of the concerned trademark application
6. Send to PRAS: PRAS means Pre- Registration Amendment Section. The PRAS section is related to correction of data entry errors of request related to amendment to data before registration of the Trade Marks, issuance of corrigenda in case of erroneous advertisement of the applied Trademarks, re advertisement of the applied trademarks in case of major errors in advertisement, and correction in registration certificate.
7. Marked for Exam: A trademark application indicating the status “Marked for Exam” means that the trademark has complied with the initial filing requirements and now will be examined for objections by the Trademark Examiner.
8. Examination Report Issued: This status means that the mark has been accepted by the Registry and is yet to be advertised in the Trademark Journal.
9. Objected: The status of a trademark is shown as “Objected” when the same has been examined by the Registry based on absolute and relative grounds of refusal under Section 9 and 11 of the Trademark Act. Once objected, an examination report against the mark is issued by the Registry and the applicant has to reply to the examination report within one month from the date of its receipt
10. Abandoned: The status of a Trademark on Registry’s website is shown as “Abandoned” when the applicant fails to reply to the office action within the prescribed period of time.
11. Accepted: This means that the Examiner has not raised any objections against the trademark and the same will proceed towards advertisement in the Trademark Journal.
12. Advertised before Acceptance: In certain applications, the status of trademark may be “Advertised before Acceptance”. Such a status is invoked in exceptional circumstances i.e. in cases where the Examiner or the hearing officer finds strong evidence of bonafide commercial adoption and use of the markm then in such cases, the hearing officer may “Accept” the application and order the mark to be advertised “as accepted”.
13. The status of “Accepted and Advertised” is shown when a trademark is accepted and then Advertised in the Trademark Journal. Once advertised, the trademark will be open to public for filing notice of opposition (https://ssrana.in/iplaws/trademarks-in-india/trademark-opposition-india/) against the mark within the prescribed period of time.
14. Ready for Show Cause Hearing : This status implies that after the reply to examination report has been filed by the applicant the same has not been accepted by the Trademark Registry and is listed for hearing. When a trademark is listed for hearing, a hearing notice is issued to the applicant or his agent, providing for the scheduled date of hearing in the matter.
15. Refused: A Trademark status is shown as “Refused” when the Trademark examiner is not satisfied with the reply to examination report filed by the Applicant. Thus, an application will be refused, if the examiner is of the view that the trademark is liable to be refused on relative grounds and/or absolute grounds under the Trademarks Act 1999.
16. Opposed: The status of a mark is “opposed” when a notice of opposition (https://ssrana.in/ip-laws/trademarks-in-india/trademarkopposition-india/) has been filed against the trademark within the stipulated period. Trademark Opposition flowchart in India (https://ssrana.in/ip-laws/trademarks-in-india/trademark-flowchart-india/)
17. Registered: A trademark is registered when it is advertised in the trademark journal and no opposition has been filed against it or when an opposition was filed and was subsequently decided in favour of the trademark applicant. Trademark Registration (https://ssrana.in/ip-laws/trademarks-in-india/trademark-brand-registration-india/)
18. Removed: The status of a trademark is shown as “Removed” when the Trademark has not been renewed. A trademark is initially registered for a period of 10 years and is thereafter renewed on payment of prescribed renewal fee. Read here about Trademark removal (https://ssrana.in/ip-laws/trademarks-in-india/trademark-removal-india/).
19. Withdrawn: A trademark status is shown as “Withdrawn” when applicant may desire to withdraw the application, or the authorised agent of the applicant may desire to withdraw the application on half of the applicant. In such circumstances, applicant or his authorised agent should submit a withdrawal letter in writing.