Understanding trademark statuses in India is vital for protecting your brand identity. The trademark registration process involves multiple stages, each reflected by a specific status. Knowing these statuses helps you navigate the process and safeguard your brand against unauthorized use. Additionally, securing a business loan can ease the burden of legal costs. From hiring a trademark attorney to covering registration fees and handling disputes, business finance provides essential support. This allows businesses to manage trademark-related expenses without disrupting cash flow, ensuring smooth operations while securing intellectual property rights.
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
To check the status of your trademark application, follow these steps:
- Visit the official IPIndia website.
- On the homepage, several tabs offer different IP services. Select the 'Trademarks' tab on the header.
- In the 'Related Links' section, choose 'Trademark Status,' or select 'Trade Mark Status' from the four options displayed on the screen.
- .On the left side of the homepage, select the first option labelled ‘Trade Mark Application/Registered Mark.’ Then, choose the ‘National IRDI Number’ option.
- Enter your trademark application number and the captcha code correctly. After entering the details, click on ‘View.’
- Once you click ‘View,’ the status of your trademark application will be displayed 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.
Impact of Trademark Status on Business Success
Getting the ‘Protection Granted’ status can greatly help a company's success and growth. With legal protection, businesses can put money into marketing their brand without worrying about others copying it. This status also stops competitors from trying to imitate or benefit from the hard-earned reputation linked to the trademark. This way, the trademark owner can stay ahead in the competition.
Conclusion
Navigating the trademark registration process in India requires a thorough understanding of various statuses and what they signify for your application. Each status indicates a different stage in your trademark’s journey towards protection, highlighting necessary actions to ensure a smooth registration process and secure your brand legally. A business loan is a strategic move that can enable your business to have the funds required to cover trademark-related expenses.
