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A trademark application is submitted in the department in the Form TM-A with prescribed government fees and necessary documents. A trademark application Status after successful filing has to be constantly monitored to get the fruitful result as department may raise objection during the registration process. Timely action for any objection is imperative to accelerate the registration process.
Searching status of an application is not tough, any person having knowledge of online search can easily check the trademark application status. The steps to be followed are mentioned below:
Once trademark application is filed, an application number is allotted to the applicant which can be used for future reference and all the details of the application are entered in database. This is the first stage of status and process starts thereafter.
If the basic requirements of the trademark application are complied with, like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”.
If after scrutiny of any new application, discrepancies are detected, the status will show “Formalities check fail”. The applicant is required to meet the objection within one month, otherwise the application is abandoned.
This stage of application is for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
In this stage, trademark application is assigned to the examiner, who will either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
Whenever an examination report is issued, the status reflects objected (awaiting for examination reply), appropriate reply to be submitted within one month, otherwise application is abandoned.
After the examination reply is filed, the status reflects objected. During this stage after the scrutiny of the examination reply, the application is either accepted or fixed for hearing. Before hearing the applicant is required to submit Affidavit, user documents etc. in support of the application.
At the time of hearing, hearing officer will hear the arguments of the applicant/attorney/agent and pass necessary orders accordingly.
In exceptional circumstances, the Trademark Registry is empowered to advertise an application even before it is accepted in certain cases when there is some doubt about the applied mark.
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition.
If the hearing officer for any reason, do not accept the application, same is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
In case, after the advertisement of the trademark, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
When the trademark status is reflected as “Registered” it means that the trademark registration certificate is generated. After this, the applicant becomes the registered owner of the trademark and will have the exclusive right to use the trademark. Applicant is also entitled to use the symbol ® next to the trademark. Under the Trademark Act, 1999 registration is valid for 10 years from the date of application. Before expiry it has to be renewed for another 10 years to remain as registered trademark.
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
Trademark registration process takes time and requires experts to tackle the various stages of the registration process, which may not be possible for a person having no knowledge in this field. That is why it is important to hire trademark specialist having in depth IP knowledge whenever a new trademark is to be registered and renewal is to be done.
A: A Trademark is a type of Intellectual Property that protects names and other marks associated with a particular product or company. Trademark can be word mark, logo, combination of letters and numerals, shape of goods, packaging, or combination of colors or any combination thereof which identifies products or services of a particular source from others. A trademark owner can be an individual, firm, company, society or any legal entity. A trademark may be located on a package, a label, on Invoice or on the product itself.
A: A good trademark is one which is distinct, unique and not similar to any other trademark. Invented and coined words are generally safe. It is not advisable to adopt geographical name, personal name, surname or name which is descriptive of the goods. Before selecting a trademark proper search is to be conducted.
A: A trademark can be applied by individual, firm, company, and other legal entity.
A: there is no fixed time, if the trademark is not objected then registration takes place within 6-12 months.
A: the registered Proprietor of a trademark has exclusive right to use the trademark and can take action against others for infringement, passing off, compensation for violation of reputation and goodwill.
A: For 10 years, after that it has to be renewed for another 10 years.
A: the trademark which is maintained digitally, contain every details like application number, class, filing date, user date, trade name, proprietor details, goods details, expiry date, attorney details etc.
A: Yes, by filing TM-M with requisite fees for unregistered trademark.
A: For each class one trademark application is filed.
A: yes, it is filed as proposed to be used.
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