What is a Trademark?
A trademark is an intellectual property. It can be a symbol, word, phrase, design, or a combination of all these things, making your brand and product recognizable in the market. It helps the customer to differentiate your product from the competitor’s product. A trademark acknowledges the company’s control over the brand.
Trademark registration
A trademark provides legal protection to your brand and helps you guard against counterfeiting and fraud. This is only possible when you get your trademark registered. You become the owner of your trademark and launch some rights the moment you start using it. However, these rights are limited and restricted to the geographical area where you deal with your goods and services. You need to get your trademark registration done if you want nationwide rights. There is no compulsion on trademark registration. However, a registered trademark enjoys broader rights than an unregistered one. Submit the application in the form of TM-A to the Trademarks Registry to do a trademark registration. In addition, the specified payments must be made. It is always advised to maintain track of the trademark's status since there are times when the applicant may need to take specific actions to guarantee that the brand is registered at its earliest.
You can follow specific steps to check your status of trademark registration online. These steps are as follows-
Step 1: First, you are required to visit the official website of India trademark registration, and the home page will appear on your screen.
Step 2: Select the option of “Trademark Application/Registered Trademark” from the left-hand side of the homepage.
Step 3: After selecting the option, a box will appear, and you need to choose the choice of the National IRDI number you want to search for.
Step 4: You must correctly enter the trademark/application number and the captcha to view the status of trademark application.
Step 5: After finishing the above steps, you can easily view the status of your trademark registration online application by selecting the view option. The application will be shown on your screen.
13 Types of Trademark Registration Status
Any application goes to multiple levels of vetting. Trademark application also goes for the same kind of inspection. It becomes quite confusing to comprehend what each sort of status means and what action one should take. It is important to check the status of trademark and understand what is its progress. We will discuss the various types of trademark registration status to get a clearer picture.
1. New Application
This is the initial stage of the application. It is your application’s commencement, meaning it needs to be examined thoroughly. This is the first status of your application when you register a trademark.
2. Vienna categorisation or Vienna Codification
The Vienna Categorization or Vienna Codification is an international classification of trademark sign components created by the Vienna Agreement (1973). Once your file an application to register a trademark, the Trademark Registrar will apply the Vienna categorization to the Trademark based on the marks' figurative components. The trademark application status shows "Sent for Vienna Codification" while this work is under process.
3. Passed formality check
At this application level, the trademark registry accepts all the preliminary materials provided with the application. This means that there have been no issues so far with the documents provided till now.
4. Failed formality check
The status of trademark will show formalities check to fail in case of any discrepancy or inadequacy found in the trademark registry's documentation. This can be because of any ambiguity in the previously provided application.
5. Marked for the examination
Once the trademark obtains formalities check pass, the application moves to the examiner. The examiner’s role is to prevent and go through all the paperwork and documentation and see if the application is complete or not.
6. Objection raised or objected
If the status shows objected, the examiner has expressed concerns about the brand and its registration. Acknowledge the examination report within one month of the issuance in this circumstance. If the response is not received within the specified period, the trademark status will be changed to 'Refused.'
7. Refused
The application status of trademark will be shown as refused or abandoned if the examiner is dissatisfied with the examination report's response or after a Show Cause Hearing.
8. Advertisement before accepted
When the status of trademark shows advertised before acceptance, the trademark registrar is still confused about the trademark’s nature.
9. Accepted and published
Once the trademark registrar thinks that your trademark is unique enough to be recognized as a trademark, they authorize it to be registered in the trademark journal.
10. Opposed
After the trademark is published in the journal, the general public has been given a time of three to four months to oppose it. Any opposition after the prescribed time limit will not be entertained. If a third-party objects to a trademark, the status becomes opposed.
11. Withdrawn
If the status of trademark shows opposition, the person has two choices: contesting the objection or withdrawing the application. If a person withdraws the application, the status of the application becomes withdrawn.
12. Registered
The Trademarks Registry issues a registration certificate to the applicant against their trademark registration online application only if it has passed all rounds of examination and the 'Accepted and Advertised' stage. The status of the application is updated on the webpage at the same time.
13. Removed
Suppose the trademark has not been used for five years. In that case, it can be withdrawn from the trademark journal following issuing of the Trademark Registration Certificate or if the trademark holder forgets to renew the trademark registration online application. The status of trademark will be removed from the webpage.
As a matter of fact, It's mandatory to set aside time and submit precise documentation to prevent delays in trademark registration.
If you want to register your trademark but are confused about the process and documentation, then you need to seek professional help. Lawgical India is one of the leading legal consultancies with a unique history and customer base of providing various registration services to its clients. Lawgical India can help you get your trademark registered. They have an excellent team of experts who will guide you throughout the process and complete the registration without hassle in a few days.
