Most applicants upon filing of trademark , becomes anxious about the trademark statues that appears throughout the journey of trademark registration, in this article we shall be explaining about trademark registration process broadly and various trademark status in detail.
Let’s being with understanding overview of the Trademark Registration Process in India
India, with its burgeoning market, offers immense opportunities for businesses, both domestic and international. Recognizing the importance of trademarks in this landscape, the country has a well-established process for trademark registration, wherein major steps in trademark registration are as below:
Application Filing: The process begins with filing an application with the Registrar of Trademarks. This can be done online or offline, detailing the logo, name, or slogan that needs protection.
Examination: Once the application is filed, it’s examined to ensure it doesn’t conflict with existing trademarks. The examination might result in objections, which need to be addressed for the process to move forward.
Publication: If the examination is successful, the trademark is published in the Trademark Journal, allowing for any oppositions from third parties.
Registration: If there’s no opposition, or if any opposition is successfully addressed, the trademark is registered, providing the owner with exclusive rights to its use for ten years, renewable thereafter.
In conclusion, trademarks are not just symbols or words; they are the very essence of a brand. In a country like India, with its diverse and vast consumer base, understanding and protecting one’s trademark is not just advisable; it’s imperative. As the business landscape evolves, those armed with registered and recognized trademarks will undoubtedly have the edge.
Now, let us proceed to understand meaning of various Trademark statuses that appears during the trademark registration.
Decoding Trademark Application Statuses
The journey of a trademark application is marked by various stages, each indicating a specific phase in the registration process. Understanding these statuses is crucial for applicants to gauge where their application stands and what actions might be required next.
New Application: This is the starting point of the trademark journey. It signifies that the application has been successfully filed and is awaiting initial processing by the Trademark Office.
Send to Vienna Codification: This status is specific to non-text trademarks, such as logos or symbols. The Vienna Codification is an international classification system for these marks, ensuring they are categorized correctly for further processing.
Formalities Check Pass/Fail: At this stage, the application undergoes a preliminary review to ensure all procedural requirements, such as necessary documents and fees, are in order. If everything is in order, it passes; otherwise, it fails, requiring the applicant to address the discrepancies.
Send back to EDP & PRAS: EDP stands for Electronic Data Processing, and PRAS is Pre-Registration Amendment Section. This status indicates that the application is undergoing data processing or requires certain amendments before it can proceed to the next stage.
Marked for Exam & Exam Report Issued: The application is now under the scrutiny of the Trade Mark Registry. An examination report is issued, which might contain objections or clarifications that the applicant needs to address.
Objected: The Trade Mark Registry has identified certain grounds for refusing the trademark. These Trademark objection or objections need to be addressed by the applicant for the process to move forward.
Abandoned: This status indicates that the applicant failed to respond to the Trade Mark Registrar’s objections or clarifications within the stipulated time frame. As a result, the application is no longer in consideration.
Accepted & Advertised: The application has cleared all objections and is now published in the trademark journal. This publication allows third parties to view the application and raise any oppositions if they believe the trademark infringes on their rights.
Ready for Show Cause Hearing: The Trade Mark Registrar requires further clarification on the application. A hearing is scheduled where the applicant must present their case and address any lingering concerns.
Refused: The trademark application has been rejected. This could be due to unaddressed objections, successful oppositions by third parties, or other reasons deemed fit by the Registrar.
Opposed: This means your Trademark is opposed by a third by by way filing of Notice of opposition. This simply means, any third party that believes your trademark application infringes on their rights has raised a formal challenge against it. The applicant must address this opposition for the process to continue. You may know more about Trademark opposition here.
Registered: This is the pinnacle of the trademark journey. This status signifies that the trademark has been successfully registered, granting the applicant exclusive rights to its use.
Removed & Withdrawn: The trademark has either been removed from the official database due to reasons like non-renewal or has been voluntarily withdrawn by the applicant.
In essence, each status in the trademark application process provides a snapshot of the application’s journey. By understanding these statuses, applicants can navigate the often complex world of trademark registration with clarity and confidence.
I hope the above mentioned statuses are providing some clarity, so now let us proceed to understand how to check the trademark application status online.
The Process of Checking Trademark Status Online
In the digital age, the ability to check the status of a trademark application online is a boon for businesses and individuals alike. It offers convenience, speed, and transparency. The Indian Trademark Office has embraced this digital shift, providing a comprehensive platform for all trademark-related activities.
Introduction to the Official IP India Website and its Features
The official IP India website is the gateway to India’s Intellectual Property services, encompassing not just trademarks but also patents, designs, and geographical indications. Some of its salient features include:
Comprehensive E-Filing Services: Allows users to file new applications, respond to objections, and renew trademarks.
Public Search of Trademarks: A tool to search for existing trademarks to avoid potential conflicts.
Trademark Status and Document Retrieval: Enables users to check the current status of their trademark applications and retrieve related documents.
E-Register: Provides details of all registered trademarks.
Notifications and Alerts: Keeps users updated on any changes or announcements related to IP rights in India.
Step-by-Step Guide to Navigate the Website and Check the Trademark Status
Visit the Official Site: Start by navigating to the official IP India website.
Select the Trademarks Tab: On the homepage, you’ll find various tabs dedicated to different IP services. Click on the “Trademarks” tab.
Access the Status Check: Under the “Related Links” section, click on “Trademark Status”
Enter Application Number: You’ll be prompted to enter your trademark application number. This number is provided when you initially file your trademark application.
View Status: The system will display the current status of your trademark application. This could range from “New Application” to “Registered” and various stages in between.
Document Retrieval: If needed, you can also access and download related documents for your application.
Importance of Timely Responses and Actions Based on the Status
Avoiding Delays: Proactively responding to changes in status ensures a smoother application process and can prevent unnecessary delays.
Preventing Abandonment: Addressing objections or requests for additional information promptly is crucial. Failure to do so can lead to the application’s abandonment.
Staying Legally Prepared: Being proactive allows applicants to prepare for potential legal challenges, ensuring they present a robust defence or argument.
Safeguarding Rights: In the trademark world, being swift is often key. Delays can sometimes result in losing rights, especially if another entity is quicker in registering a similar trademark.
Now, let us proceed to understand what is required to be done once your Trademark is registered.
Maintaining a Registered Trademark
Once a trademark is successfully registered, the journey doesn’t end there. Maintaining a registered trademark is a continuous process that requires vigilance, periodic actions, and proactive measures to ensure its protection and longevity.
Periodic Renewals and Their Importance
Renewal Timeline: In India, a registered trademark is valid for a period of 10 years from the date of application. After this period, it needs to be renewed to maintain its validity.
Importance of Renewals:
Continuous Protection: Renewing a trademark ensures that the owner continues to enjoy the exclusive rights and legal protections associated with it.
Avoiding Lapses: Failure to renew can lead to the trademark’s expiration, making it available for others to register.
Asset Value: A well-maintained and continuously renewed trademark can increase in value over time, becoming a significant asset for a business.
Renewal Process: Renewal can be done through the official IP India website or by filing a manual application. It’s advisable to start the renewal process a few months before the expiration to avoid last-minute complications.
For any further query or in case you need any assistance in filing of trademark application, trademark objection reply or trademark opposition proceedings, kindly mail your application number along with query at email@example.com