A trademark is a distinguishing phrase, word, symbol, or sound that is used to identify a particular product and set it apart from all other products on the market. It acknowledges the corporation’s ownership of the brand. An entrepreneur can prevent brand imitation by registering a trademark.
To register a specific trademark, an application in the form TM-A must be delivered to the Trademarks Registry. Additionally, the required payments must be paid. It is always a good idea to maintain track of the trademark’s status because there are times when the applicant may need to take action to make sure the trademark gets registered quickly.
The submission of a trademark application is the initial step in the trademark registration process. The Trademark Registrar Office will take a year to process a trademark application after it is filed. An Entrepreneur must frequently check the Trademark Registrar website during this time to learn the status of the application.
To prevent the application from being abandoned in the event of an objection or opposition, the Entrepreneur would be expected to react to the application within the time frame specified.
This article explores methods to determine whether a trademark has been authorized, including regular online checks and understanding of trademark status. You can get regular information on the trademark registration process from us and monitor the status of your trademark on the IPINDIA website to avoid such nuances.
How can you tell if the trademark registration process has been successful?
Step 1: Visit the IPINDIA website to find the most latest and accurate information on a trademark application. To access the IPINDIA Trademark Status page, click here. Go to http://ipindiaonline.gov.in/eregister/eregister.aspx to access the website.
Step 2: The customer is taken to the E-register home page, which offers four choices. Legal Certificate Requests Tracking Trademark Application/Registration Mark Trademark Indexes Receipt/Acknowledgement for Postal Applications.
Step 3: The first option that says “Trade Mark Application/Registered Mark” on the left side of the page should be chosen. To proceed, select the radio button for National/IRDI Number.
Step 4: The trademark application number must then be submitted, along with the accurate entry of the captcha code. Click on “View” after entering the necessary information.
Step 5: When you click the “View” button, the website will show you the status of your application. The system will deliver the most recent information about the trademark application, together with a list of all documents filed with the trademark application, after the user enters the captcha code.
Trademark registration process is scrutinized at various stages
- Fresh application: A “New Application” status indicates that the application has just been received and is undergoing additional review. This is the application’s initial stage.
- Deliver to Vienna Codification: The Vienna Code Classification is a well-recognized standard for logos and their constituent parts. Based on the type of figurative components in the logo, the Code is given.
- Formalities check pass: Passing the formalities check implies that the Trademark Registry has accepted all first or preliminary documents provided with the application. In other words, there are absolutely no issues with the paperwork that has already been submitted for the trademark registration process.
- Formalities check fail: The status will reflect “Formalities Check Fail” if the Trademark Registry discovers any problems or conflicts with the documentation that the applicant initially supplied with the application. This can be as a result of the incompleteness or ambiguity of the previously supplied documents.
- Marked for exam: Following a preliminary review, if the trademark receives a “Formalities Check Pass,” it will be forwarded to a trademark examiner who will carefully review all the supporting documentation and the application to make sure it is complete in every way.
- Objected: If the trademark is given this status, it signifies that the examiner has voiced some concerns about the mark and its registration. In this situation, a response must be provided to the examination report within one month after its release. The trademark status will reflect “Refused in trademark registration” if the response is not provided within the allotted time.
- Refused or abandoned: The examiner will mark the application as “Refused” if he is dissatisfied with the response to the Examination Report or even after a Show Cause Hearing.
- Advertised before accepted: There are instances where the trademark status is listed as “Advertised before Accepted.” This indicates that the Trademark Registrar is not yet persuaded of the trademark’s identity.
- Accepted and advertised: At this point, the Trademark Registrar has approved the trademark’s nature and has granted permission for it to be registered in the Trademark Journal since it is sufficiently distinctive to be identified as a trademark.
- Opposed: The general public has three to four months after it is advertised and published in the Trademark Journal to respond with any opposition to the trademark. Any such opposition submitted after the designated time will not be taken into account. The status of the trademark, however, will appear “Opposed” in trademark registration where there is resistance from a third party.
- Withdrawn: The applicant may decide to contest the objection once the trademark status is “Opposed.” The trademark application may be voluntarily withdrawn if the applicant decides not to pursue the matter further. “Withdrawn” will be the trademark’s status.
- Registered: The Trademarks Registry issues a certificate of registration to the applicant in relation to his or her application when the trademark application has passed all stages of examination and the “Accepted and Advertised” stage. The status is also updated at the same time on the website.
- Removable: If a trademark has not been used for five years in a row after the Trademark Registration Certificate has been issued, or if the registration owner forgets to renew the trademark, it may be removed from the Trademark Journal. The status will now say “Removed” on it.
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We’ve provided a brief explanation of how to check the progress of the trademark registration procedure in the article above, which will be helpful. How to determine whether a trademark is accepted or refused. The Legalraasta trademark searching advisor tool or the IP India trademark status page can both be used to determine whether a name or brand is registered. You only need to provide the required paperwork to our legal business advisors to begin the trademark registration process in order to file for a trademark.
One can easily get in touch with a trademark expert at Legalraasta to trademark intellectual property online. The procedure will start as soon as the necessary paperwork is submitted, allowing you to register your trademark without encountering any difficulties or complexities. It is always advisable to set aside time and provide precise documentation in order to prevent any kind of delay with relation to the registration of the trademark.