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TRADEMARK APPLICATION STATUS Venture Care | Blog www.venture-care.com Ask@venture-care.com 020-65 3636 33
TRADEMARK APPLICATION STATUS Venture Care | Blog www.venture-care.com Ask@venture-care.com 020-65 3636 33

TRADEMARK APPLICATION STATUS

Venture Care | Blog

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After filing a trademark application, on an average, it takes at least 13 months to get

After filing a trademark application, on an average, it takes at least 13 months to get registered with the Trademark Registry of India. By this time, the application goes through multiple stages which are reflected on the website. That particular stage of application is indicated, every time the trademark application is updated against the application number. A trademark application goes through various stages of scrutiny before it is registered. It is important that the applicant is aware at what stage trademark application is in, as some action may be required to take depending on the status. Also, any objections or notifications regarding the registration will be shown online.

This article explores what each of the statuses means

  • 1. New Application:

This means that the application has been filed or entered into the database of the trademark

registry. This is the first step after which the trademark application will be processed.

  • 2. Send to Vienna Codification:

It is one of the initial stages of the trademark registration process where the status in the Trade Mark Registry website shows as ‘Send to Vienna Codification’. As a part of the trademark registration process, any trademarks including symbolic elements/logo

is assigned a Vienna Code by the Indian Trade Mark Registry.

The Vienna code is assigned based on the nature of the figurative element/logo. Vienna codification is done so that trademark searches can be conducted for artwork/logo.

Once the Vienna codification is done, the status of the trademark application is usually changed to Formalities Check Pass or Formalities Check Fail.

This status is applicable only to the non-text trademarks. If a trademark contains a logo, label or artwork, then it is assigned a numerical code. This numerical code is in accordance with the Vienna Codification.

  • 3. Formalities Check Pass:

It is one of the initial stages of the trademark registration process where the status in the Trade

Mark Registry website shows as Formalities Check Pass.

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At this stage, all the procedural formalities like filling the power of attorney, providing translation where

At this stage, all the procedural formalities like filling the power of attorney, providing translation where any document is not in English/Hindi and so on are compiled.

If all the procedural formalities are properly completed then the trademark status will reflect as

‘Formality Check Pass’.

When such basic requirements are not met, the status could be reflected as ‘Formalities Check Fail’.

  • 4. Formalities Check Fail:

It is one of the initial stages of the trademark registration process where the status in the Trade

Mark Registry website is shown as ‘Formalities Check Fail’.

If some procedural formalities are incomplete or have not satisfactorily complied, the trademark

application status will show as ‘Formalities Check Fail’.

This

could

happen

in

conditions

such

as

non-filing

of

POA,

non-filing

of

translation/transliteration when the trademark is not in English/Hindi, filing in the wrong class, etc.

At this stage, the reason for the objection should be ascertained by the applicant and appropriate action should be taken for the application to move forward for registration.

  • 5. Send Back to EDP:

EDP stands for Electronic Data Processing. In a trademark application, all the documents and data entry are digitized. If there have been some errors during data entry that needs to be

rectified, the application status shown is, ‘Send Back to EDP’. This status does not require the

applicant to take any steps.

This could also happen in cases where the documents are not digitized properly. The status

would remain as, ‘Send back to EDP’, till the issued are rectified by the EDP Section.

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  • 6. Send to PRAS:

6. Send to PRAS : PRAS stands for Pre-Registration Amendment Section. Any amendments which have been

PRAS stands for Pre-Registration Amendment Section. Any amendments which have been filed prior to registration such as amendment of proprietor details, address, specification of goods, etc. are dealt by PRAS Section

Pre-registration amendment section reflects when the applicant has filed an amendment prior to the registration of the trademark. The amendment may be to the proprietor name, address or the like.

  • 7. Marked for Exam:

Once the formalities are checked pass, the application is then set aside to commence the first of

the several stages in registration, namely ‘Examination of the trademark’. When the trademark is to be examined shortly, the Trademark Office puts up the status ‘Marked for exam’, and the

trademark application is assigned to an Examiner. This means that the trademark examiner has taken the application for close examination. This signifies the beginning of the legal process.

The trademark application is examined for its eligibility to get registered, under the various Sections of the Trade Marks Act. The examiner decides if the application satisfies and overcomes the objections articulated in the Indian Trade Marks Act, 1999 and qualifies for registration, according to the provisions of the Trademark Act.

There is no definite timeframe adopted by the Trademark Office. It may sometimes take months together for an application to get examined.

As far as the status ‘marked for exam’ is concerned, there is no action necessary from the

applicant. The applicant has to wait and look out for the examination report.

An examination report is then issued either accepting the trademark for publication or raising objections as to its registrability.

  • 8. Exam Report Issued/ Accepted:

After the examiner conducts the examination, the exam report is issued. ‘Accepted’ means, the

examiner has not raised any objections and that the trademark will be published in the trademark

journal, prior to registration.

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9. Objected:

9. Objected: The examiner can raise objections in the Examination Report. At this stage, the status

The examiner can raise objections in the Examination Report. At this stage, the status reflected is, ‘Objected’. The examination report citing the objections can be viewed in the Trade Mark Registry website.

In order to overcome the objections, a written response needs to be filed with the Trade Mark Registry within one month from the date of receipt of an examination report, failing which the trademark application may be treated as abandoned by the Registry due to lack of prosecution.

It is quite imperative that the response to the objections is clear and also incontrovertibly establishes the distinctiveness of the mark, thereby showing that it is fit to be registered.

If the Examiner is not convinced with the written response, the Registrar/Examiner posts a hearing for allowing arguments to be put forth, in person.

  • 10. Abandoned:

If the applicant fails to respond to the trademark registrar within the stipulated period, the application for the registration of Trademark is abandoned.

11.Refused:

This means that the application is refused by the examiner, after hearing the applicant’s response

to the adverse examination report.

  • 12. Advertised Before Accepted:

The status is reflected as ‘Advertised before accepted’ when the trademark application is

advertised or published in the Trade Marks Journal.

At this stage, the application is open for opposition by the third party.

This is one of the final stages of the trademark registration process. Once the trademark is published in the Trade Marks Journal, a period of four months is given for any third party to oppose the registration of the trademark.

If no oppositions are filed during that period, the trademark registration certificate is issued within three months, thereafter.

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  • 13. Opposed:

13. Opposed : This means a third party has objected to the trademark. The status is

This means a third party has objected to the trademark.

The status is reflected as ‘Opposed’ when a third party has filed an opposition to the registration

of the trademark.

The notice of opposition is sent by the Registry to the applicant or its agent. In order to contest the opposition, a counter statement has to be filed within two months, from the date of receipt of notice of opposition, failing which the trademark application will be abandoned and cannot be revived.

No extension of time is granted for filing the counter statement, thereafter.

  • 14. Registered:

The trademark application status is reflected as ‘Registered’ when the trademark is registered

under the Indian Trade Mark Registry, and the registration certificate has been issued by the

Registrar.

It implies that the applicant becomes the registered owner of the trademark and is entitled to use the ® symbol.

The registered owner can take infringement action against the use of any confusingly similar Trademark.

It is to be noted that under the present Act, the registration is valid for 10 years from the date of application and should be renewed every 10 years before its expiry.

  • 15. Removed:

A trademark can be removed from the Register of Trademarks. This may be because of non- renewal of the trademark.

  • 16. Withdrawn:

When the applicant files the required documents to withdraw the application, the trademark

application status is reflected as ‘Withdrawn’.

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It is thus, important to check the trademark application status from time to time. Further, you

It is thus, important to check the trademark application status from time to time.

Further, you can check your trademark application status here: _________

Or you can contact us to assist you to find the status of your trademark application.

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Ask@venture-care.com

020-65 3636 33

www.venture-care.com Ask@venture-care.com 020-65 3636 33
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Ask@venture-care.com
020-65 3636 33