MARKED FOR EXAM STATUS IN TRADEMARK

Are you looking for what are the TM application status and meaning?

So, after trademark registration online, the status of the application changes from time to time.

Here, we will discuss the different trademark statuses. But before that, let us go through a quick definition of a trademark.

Trademark Definition

A trademark is a type of intellectual property consisting of a recognizable mark design or expression that identifies the products or services of a particular source from the products or services of others.

The trademark owner may be an individual, business organization, or any legal entity.

Marked for Exam Status in Trademark

A trademark application goes through various phases after filing. "Marked for Exam" is the first level for trademark registration.

The term "marked for exam" means that a TM application is under process for assessment or is about to be examined by the trademark officer.

When the trademark Application form is handed over to an assessor for the Examination purpose, the Trade Marks Registry of India reflects on the website as Marked for Exam.

Before publishing it in the trademark journal, the examiner verifies whether the trademark is according to the rules and regulations made by the government.

These are some essential checkpoints one should go through before applying:

• Whether the prescribed procedure is followed while filling the application.
• The format of the application is accurate or not
• Is there any identical/similar-looking trademark is on record in respect of service or goods.
• Check if the trademark application is made under the Trade Marks Act 1999. Otherwise, it can get rejected.
• Check is there any need for limitation or restriction. 

The examiner will issue an examination report specifying the rejections or may accept the application.

After this process, it takes around twelve to eighteen months for the exam report to be released.

Marked for Exam: Explanation

When the trademark is in the process of examination, the registry shows it as Marked for the exam. 

The trademark application form is then sent to the examiner, who examines the application correctly. That means the trademark examiner has taken the application form for close inspection. That adds up to the starting of the lawful process. 

The trademark examination process checks TM eligibility to get qualified, according to the various sections of the Trade Marks Act 1999. 

The examiner or accessor determines whether the application is satisfactory(up to the mark) and controls the rejections articulated in the Indian Trade Marks Act, 1999, and certifies for registration, as per the provisions made under the Trademark Act. 

There is no ultimate deadline by the Trademark Office. 

Sometimes it can take months for an application to be continued for qualification. 

When the application is under Marked for Exam status in trademark, no action is required by the applicant. 

Applicant must wait for the examination statement. An assessed report is then issued accepting the mark for publication or raising objections to its registration.

Exam Report Issued: 

After examination by the examiner/ assessor, the examination report is issued. 

Accepted means that the examiner raised no objection and that the trademark will appear in the trademark journal before it is registered.

• Objected: 

The officer may raise objections in the audit report. At this time, the TM Application status is known as objected. The examination report containing the complaints and can be found on the website of the trademark registry. 

To dispel the objections: a written statement must be submitted to the trademark registry within one month of receipt of the test report.

The trademark application ruling may serve as abandoned by the registry due to lack of criminal prosecution. 

The answer to the exceptions must be transparent. Moreover, the distinctive character of the mark is also reliably established. If the examiner is not convinced, the registrar/examiner invites with the written statement an oral hearing of the following arguments.

• Abandoned:

If the applicant does not respond to the trademark registration within the established period, the application will be rejected. 

• Advertised Before Accepted: 

The status is Advertised before accepted when the trademark application is announced or published in the Trade Marks Journal. At this level, the request can be rejected by a third person. 

It is one of the final steps in the trademark registration process. Once the mark appears in the Trade Marks Journal, third parties have four months to object to the TM. 

If there are no objections within this period, the trademark registration certificate will be issued within three months.

• Opposed:

If a third party has contradicted the TM Application Status, it is shown as "Opposed" if a third party has objected. 

The registry sends the notice of opposition to the applicant or her 

authorized representative. 

To challenge the opposition: a counterclaim must be filed within two months from the date of receipt of the notice of opposition; otherwise, the trademark application will be withdrawn and cannot be resumed. No extension of the deadline for the presentation of the counter-notification is foreseen.

• Registered: 

The TM Application status is registered. If the trademark is registered in the Indian trademark register, the registrar has issued the certificate of registration. 

It implies that the applicant becomes the certified holder of the mark and has the legal right to use the symbol. 

The certified TM holder can take action against the use of confusingly similar/ identical trademarks. 

One should note that by this Law, the registration is valid for ten years from the date of application and must be renewed every ten years before its expiration.

• Removed: 

A trademark can exclude from the trademark register. 

That may happen because the trademark renewal was not on time.

• Withdrawn: 

When the applicant files the required documents to withdraw the application, the TM application status is Withdrawn.