After filing a trademark application in India, it generally takes at least 13 months to get a trademark registered at the Indian Trademark Registry. In this fitful period, the application goes through multiple stages and the trademark application status can be checked online.
Every time the status is updated against the application number, it reflects the stage of application is. it is very important to have the complete knowledge of all the stages that are shown in the trademark application status.
This blog post will help you understand what each stage in trademark application status would mean followed by the steps to check trademark application status in India.
Trademark Application Status
The following are the status shown at the various stages of the trademark application:
This just means that the application has entered into the database for its registration. This is the first step succeeding which the application will be processed.
Send to Vienna Codification
This applies to non-text trademarks only. If any trademark contains a label, logo or artwork, then it is assigned a numerical code. This numerical code is in agreement with the Vienna Codification.
Formality Check – Pass
This implies that the trademark application has complied with all the procedural formalities. Procedural formalities refer to the filing of power of attorney, providing translations wherever required and so on. It basically means completing every detail required in the form very efficiently.
Formality Check – Fail
If any of the above-listed formalities are left incomplete or the application form hasn’t satisfactorily complied then the application status will be shown as “formality check to failed”. The applicant has to comply with check fail mentioned by the Registry.
Send Back to EDP
EDP means Electronic Data Processing. All the documents and the data entry in the trademark application are fully digitized. “Send Back to EDP” represents that there is some error during the data entry that needs to be rectified. The applicant isn’t required to do anything during this stage of trademark application status.
Send to PRAS
Pre-Registration Amendment Section indicates that the applicant has filed an amendment prior to the trademark registration.
Marked for Exam
This step signifies the starting of the legal procedure. This means that now the trademark application will be taken up by an Examiner in order to determine its registrability. It is in the hands of the examiner to decide if the trademark qualifies for registration or not in compliance with the provisions of the Trademark Act.
Exam Report Issued/Accepted
Once after the examination is completed, an exam report is issued. Acceptance refers to a fact that the examiner has not raised any objections and the trademark is approved to be published in the trademark journal prior to its final registration.
The examiner is eligible to raise any objection against the registration of the mark and therefore if this happens, the status will be shown as objected. In case of any objection, it is mandatory on the part of the applicant to file a reply within one month from the date of receipt of the hard copy of the notice.
The trademark application will be abandoned if the objections raised by the registrar aren’t responded within the stipulated time.
If the trademark examiner doesn’t get convinced with the response to his objection then he is eligible to refuse the trademark registration.
Advertised before Accepted
This simply means that the trademark is advertised in the trademark journal before and allowing any third party to oppose the mark before it is accepted for registration.
Accepted and Advertised
This means that the trademark has been published in the trademark journal and does not demand any change in the application.
After the publication of the mark in the journal, a third – party has 4 months to file an opposition to the published mark. If there is a third-party opposition then the status is reflected as opposed.
This represents that the mark is successfully registered with the Trademark Registry for the next 10 years.
This represents the removal of the trademark from the Register of Trademarks. This primarily happens because of the non-renewal of the registered trademark.
This status is shown when the applicant voluntarily withdraws the trademark application.
Henceforth it is very important to keep a tab on the trademark application status regularly.
Steps to Check Trademark Application Status
Step 1: Login into http://ipindiaonline.gov.in/eregister/eregister.aspx