Trademarks are an important part of any business’s identity, helping to distinguish your products or services. In India, registering a trademark is key to protecting your brand legally. Regularly checking the status of your trademark application is essential, as it allows you to take timely action and protect your brand.
In this article, we will explain the trademark registration process in detail, how to check the status of your application, the different types of trademark statuses, and how they can impact your business. This will provide you with all the information you need to protect your trademark effectively.
Application for registering a trademark
In India, registering a trademark involves legally safeguarding a brand name, logo, or slogan that identifies and differentiates your goods or services from those of others. The process includes conducting a detailed search to ensure the mark’s uniqueness, followed by filing an application with the Indian Trademark Registry. This application should detail the trademark, associated goods/services, and any specific design elements involved. After submission, the application is reviewed to ensure it meets all legal requirements and, if deemed suitable, is published for potential opposition.
6 steps to check your trademark status
Step 1: Visit the website – https://ipindiaonline.gov.in/eregister/eregister.aspx
Step 2: On the homepage, you will see several tabs offering different intellectual property (IP) services. Click on the 'Trademarks' tab at the top
Step 3: Under the 'Related Links' section, click on 'Trademark Status,' or choose 'Trade Mark Status' from the 4 options that appear
Step 4: On the left side of the page, select the first option labelled ‘Trade Mark Application/Registered Mark.’ Then, choose the ‘National IRDI Number’ option
Step 5: Enter your trademark application number and the captcha code correctly. Once you've filled in the details, click on ‘View’
Step 6: After clicking ‘View,’ the status of your trademark application will be shown on the screen
Importance of Checking Trademark Status
It is crucial to check your trademark application status online because if you miss important deadlines, it can cost you time and money and may cause legal problems. Regularly checking helps you take necessary actions at the right time, preventing delays.
You should check your trademark status every 6 months from the time you apply until it is issued, and even after registration. This helps make sure you have completed all legal requirements, submitted all post-registration documents, and paid all fees.
Regularly checking your trademark status also helps you spot any misuse of your trademark. By keeping an eye on it, you can address any dishonest activities promptly.
Different types of trademark status
The status of a trademark application in India can vary greatly through the registration process. Some of these steps are:
New Application
Indicates the initial filing of the trademark application with the Trademark Registry in India, awaiting preliminary checks.
Send to Vienna Codification
This status is assigned when the application, which includes logos or symbols, is being classified under the Vienna Codification system internationally.
Formalities Check Pass
The application has successfully passed initial administrative checks for basic compliance with filing standards.
Formalities Check Fail
This status implies that there are errors or omissions in the application that need correction, such as missing documents or information.
Marked for Exam
The trademark is currently being examined in detail for any legal or procedural issues that could affect its registration.
Objected
Indicates that the trademark examiner has raised objections against the registration of the mark, often due to potential conflicts or inherent issues with the trademark itself.
Refused or Abandoned
Shows that the trademark application has either been rejected after examination and objection phases or has been abandoned by the applicant.
Advertised Before Accepted
Means the trademark is published in the Trademark Journal allowing public opposition before it receives formal approval.
Accepted and Advertised
The trademark has been accepted by the registry and is published again for any last-minute oppositions.
Opposed
Reflects that third parties have opposed the registration of the trademark, and a resolution is required.
Withdrawn
The applicant has withdrawn the trademark application voluntarily before the completion of the registration process.
Registered
The trademark has completed all regulatory stages and is officially registered under the Indian Trademark Law, providing legal protection.
Removed
This status indicates that the trademark has been removed from the registry, usually due to non-renewal or failure to comply with registration requirements.
Conclusion
It is important to keep an eye on your trademark status to protect your brand and avoid legal problems. Regularly checking your application ensures you are following the rules and boosts your brand’s credibility. A registered trademark also builds trust, making it easier for businesses to stand out in the market. Plus, having a protected brand makes it simpler to get a Business Loan, as lenders prefer businesses with legal protection. Stay ahead, protect your rights, and lay a strong foundation for growth!
