Are you also trying to understand the trademark application status and what do they mean?
You must be confused about why your trademark registration is taking so long to register or what is actually happening.
Firstly, let us have a brief about trademarks.
A trademark is a visual symbol used for a trade, word or number, label, colour combination, etc.
It distinguishes between the same business that has services different from any other. In fact, it helps you to create your brand identity in the market.
Trademarks register under the Trademark Act, 1999 and give the trademark owner the power to indemnify for damages in case of infringement.
List of Trademark Application Status
- New Registration/ application
- Send to Vienna Codification
- Formality check fail
- Formality check pass
- Objection
- Abandoned or refused
- Opposition
- Marked for Examination
- Advertised before acceptance
- Accepted and Advertised
- Withdrawal
- Registered
- Removed
Explanation of Trademark Application status
New Registration/ application:
If the status indicates New application, it means the trademark application is received and is in process for the examination. It is the beginning of the trademark application.
Send to Vienna Codification:
This TM status universally recognizes as a standard for logos and their elements. Codes assign on the basis of the symbolic elements in the logo.
Formality check failed:
If the trademark registry detects a problem or inconsistency in a document submitted primarily by the applicant at the time of trademark application. The status will display as a Formality check fail. It will only be apparent if the submitted document is ambiguous.
Formality check pass:
Formality check pass status means that all documents submitted by the applicant will be acceptable.
Objection:
If the status is displayed as objected, means the examiner has objections related to the trademark and its registration.
After the objection, the audit report is sent to the office within one month of issuance.
If you do not receive a response within a month, your brand status is "Rejected".
Abandoned:
This status is only available if the examiner is not satisfied with the applicant's response to the examination report. Examiner stamped the trademark application as " Abandoned or refused" after hearing.
Opposed:
After a trademark publishes and promotes in a trademark journal, the general public has three to four months to respond to opposition to the TM.
Oppositions will no longer count after the end of the specified period.
However, if a third party disagrees, the trademark status will be "Objected/ Opposed".
Marked for Exam:
When a trademark receives a "Formalities Check Pass" after preliminary examination, the trademark examiner checks all necessary documents along with the trademark application to ensure that the application is perfect in all respects.
Advertised before acceptance/ ABA:
The trademark application status may display "Advertisement before acceptance". That means that the trademark officer has doubts about the structure of that particular trademark.
Accepted and Advertised:
If the trademark registration satisfies the proposed trademark. The registry allows the TM to register in the journal because it is clear enough to recognize as a trademark.
Withdrawal:
As soon as the status "Opposed" is displayed, the applicant has the opportunity to fight the opposition.
If the applicant does not wish to file an opposition, he can voluntarily withdraw the application. The status of the trademark application will display as withdrawn.
Registered:
As soon as the application for trademark registration has completed all examination stages and has passed the "Accepted and advertised" phase, the applicant will be issued a registration certificate from the trademark registry for the application.
Removed:
If the trademark is not in use for more than five years after the TM Registration Certificate issues, or if the trademark owner forgets to renew the trademark, it may delete or reject by the Trademark Journal.
For this reason, it is essential to provide clear documentation to avoid delays in trademark registration.
Time to register for a trademark:
Trademark registration is somewhat a long process. Usually takes around eighteen to twenty-four months to get the registration. However, one can get a TM application number within a day or two.
Steps to Apply for Trademark
TM Search:
A trademark search for the same or similar trademark can be done online and on the official trademark registration website to see if the trademark is available.
Application/ filing:
It is the first phase of the TM application, which means the application is under process. If there is no similar trademark, an application will be filed, for the specifications of the goods/services.
TM examination report:
The Trademark Office will review the application and may challenge it within approximately 2-4 months after the filing date.
These objections may raise as any of the following:
- Reasons for the refusal may be because of characteristic, non-characteristic, indistinguishable goods or services, etc.
- Relative reasons for refusal are because of similarity to previous trademarks already in the trademark register.
- If there are no objections to dispute, you can promote your brand directly.
Response to the report:
When issuing an examination report, you must submit your opinion within one month of receiving the review report.
If not submitted, the application will be considered as rejected by the applicant. If the Trademark Office is confident regarding the submitted response, the application will be posted in the Trademark Journal. Alternatively, if the examiner further disagrees, the applicant has to come for a hearing with valid evidence.
Advertisement:
If the examiner is satisfied with the response to the conflict after examination, the trademark application will be published in the Trademark Journal. The Trade Marks Journal hosts weekly on the official website.
Opposition:
After advertising, the trademark will be published for four months for opposition purposes.
If there is no objection within this period, then the trademark is valid to register.
Registration and Renewal:
If the trademark is consistent within four months from the date of the trademark journal advertisement, the registration will lead to the final stage. The Trademark Register will then issue a soft copy of the registration certificate.
The trademark registers for ten years from the filing date. In fact, it can renew at any time for payment of the annual membership fee.
The renewal period is after every 10 years.
Every national trademark registration has an end at that particular country’s boundary, therefore for International Trademark Registration Online in India; you have to file for separate trademark registration under multiple countries.Benefits of International Trademark RegistrationLegal ProtectionInternational Trademark registration helps you in protecting your trademark legally, as you'll sue someone for any infringement doubt.
Hence it's always important that before choosing the legal thanks to battle against infringement, register your mark whether it's a word, phrases or slogan, or logo.Business OpportunityTrademark acts as an intangible asset and paves a good path for the growth of your business or brand.
Successful trademark registration provides your business with a chance to realize more profit and fame like brands like Adidas or McDonald’s have gained extra money through licensing and franchising agreements.Unique IdentityThe registered brand or product gets global recognition through international trademark registration.Beneficial For Online Business OperatorsInternational Trademark Registration plays a vital role in the growth and development of the online or e-commerce business.
If you own a trading business via online then somehow it leads your business in the right way as it is available to international consumers all around the world.Changes and RenewalThe validity of the International Trademark Registration process is about 10-years from the date of filing.
In case any infringement happens while importing or export, then you have all right to take legal action on such infringement.Requirements for Obtaining International Trademark RegistrationThere are three main requirements for obtaining a world trademark registration in India:The applicant should be a national of India or domiciled in India or have a real and effective business or commercial establishment in India.The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.
The international application will have an equivalent trademark as mentioned within the national trademark application or registration; The list of products and services mentioned within the international application should also be identified with the national mark.The applicant in the international application must choose one or more other member countries of the Madrid Protocol, where the applicant wants to protect his trademark.Procedure for Filing International TM ApplicationInternational application in each foreign country To file a world application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant has a real or effective business or commercial established in India.
