In this blog, we will explore the various methods and resources available to help you easily check the status of your trademark online on the Trademark Registry Portal.
Building and safeguarding your brand is vital in today’s highly competitive market, and one effective way to ensure its distinctiveness and legal protection is by registering a trademark. However, once you’ve submitted your trademark application, it’s important to stay informed about its status. Are there any obstacles in the registration process? Has it been approved? Is there a similar mark already in use? So, let’s delve deeper into the various methods and resources available to help you easily check the status of your trademark online.
Table of Contents
The registration of a Trademark in India is a 100% online process and is completely transparent. The Trademark Registry allows you to check the status of your Trademark application online on its official website (ipindia.gov.in). Here is the stepwise process of doing so.
Stepwise Process to Check Trademark Status on Trademark Registry Website
- The first step is to login at http://ipindia.gov.in using your login credentials. If you don’t have an account, you will first have to create one. After creating the account, you will immediately receive the login credentials on your registered email.
- The next step is to go to Trademarks in the main menu on the home page. Under the main menu “TradeMarks” you will find an option in the dropdown sub-menu as “Related Link”. Go to that option and choose “TradeMark Status” under it. (Home > Trademarks > Related Link > Trademark Status)
- When you click on Trademark Status, a security pop up will emerge prompting you to accept “You are about to proceed to an external website”. Click “YES” to proceed. Your affirmative action would take you to the E-Register & Application Status Page of the Trademark Registry, which is updated on the real time with every act of stakeholders, such as the trademark applicant, attorney or the government authorities.
- On the E-REGISTER & APPLICATION STATUS page, you will find five options on the left side panel, click on the tab Trade Mark Application/ Registered Mark which is the topmost option. When you click it, you will be taken to the third screen where you can search the Trademark Status based on either National/IRDI Number or International Registration Number. For checking the status of an Indian trademark application, we need to select National/IRDI Number and enter the Trademark Application number and captcha.
- After submitting the request the next page shall show the name, application status, and other relevant details of the concerned trademark.
Different Statuses of Trademark Application and their Meaning
Different Trademark Statuses have different meanings and understanding them is crucial if you are going through the process of checking Trademark Application Status on the Indian Trademark Registry website. Here is a complete list of all the possible statuses your Trademark Application can have along with an explanation of what they mean.
- Filed: This status indicates that the trademark application has been submitted to the Indian Trademark Registry but has not yet been examined.
- Formalities Chk Pass: It means that the application has successfully passed the initial formalities check conducted by the Trademark Registry.
- Sent for Examination: Once the formalities check is completed, the application is sent for examination to a Trademark Examiner who will review the application in detail.
- Examination Report Issued: The Trademark Examiner issues an examination report, which lists any objections or requirements that need to be addressed by the applicant. The report is generally issued if there are any discrepancies or conflicts with existing trademarks.
- Show Cause Hearing: If the applicant disagrees with the objections raised in the examination report, they can request a show cause hearing. This status indicates that the hearing has been scheduled to present arguments and evidence to overcome the objections.
- Abandoned: If the applicant fails to respond to the examination report or attend the show cause hearing within the specified timelines, the application may be deemed abandoned.
- Accepted and Advertised: This status signifies that the trademark application has successfully overcome all objections and has been accepted by the Trademark Registry. The mark is published in the Trademark Journal for public opposition.
- Opposed: If any party opposes the registration of the trademark during the opposition period after publication, the status will show as “Opposed.” The opposition process involves presenting arguments and evidence against the registration.
- Registered: Once the opposition proceedings are concluded in favor of the applicant or if no opposition is filed, the status changes to “Registered.” The trademark is officially registered and protected under the Indian Trademarks Act.
- Objected: This status indicates that the Trademark Examiner has raised objections or concerns regarding the trademark application. The objections could be related to conflicting marks, lack of distinctiveness, or other legal or procedural issues. The applicant must address these objections by providing appropriate responses and evidence to support the registrability of the trademark.
- Send to Vienna Codification: This status indicates that the trademark application has been forwarded to the Vienna Codification section for classification and categorization of the figurative elements of the mark. The Vienna Classification is an international system used for the systematic arrangement of trademarks into classes based on their figurative elements.
- Marked for Exam: This status indicates that the trademark application has been assigned to a Trademark Examiner for examination. The examiner will review the application and may raise objections or issue an examination report if necessary.
- Refused: If the Trademark Examiner determines that the trademark application does not meet the requirements for registration, it may be refused. This status indicates that the application has been rejected, and the applicant has the option to file an appeal or make necessary amendments to overcome the refusal.
- Removed: This status indicates that the trademark application has been removed from the registry due to various reasons such as non-payment of fees, failure to respond to office actions, or failure to meet certain formal requirements. The removal could be temporary or permanent.
- Withdrawn: If the applicant decides to voluntarily withdraw the trademark application before a decision is made, the status will change to “Withdrawn.” This could be due to various reasons, such as changes in business strategy, conflicts with existing trademarks, or no longer seeking protection for the mark.
Conclusion
A trademark is a unique mark or sign that represents a business, and it is used to distinctively identify a company from another and build its credibility among consumers. We always advise our clients to recognize all the IP Rights in the form of Trademark and register every Mark, Brand Name, Label, Product Name, Logo, Punchline, and the Domain Names as the Trademark in India for an effective remedy in case of misuse by any other person. If you need any assistance please don’t hesitate in seeking help from us.
FAQs
To register a company
To check the status of your trademark application in India, you can use the online search facility provided by the Indian Trademark Registry. Simply enter your application number to retrieve the current status and any updates on the trademark’s examination, objections, or registration process.
The status “Sent for Examination” indicates that your trademark application has passed the initial formalities check and has been forwarded to a Trademark Examiner for detailed examination. The examiner will review your application for any conflicts with existing marks or other legal requirements.
Yes, you can check if someone has opposed your trademark application in India. After your application is published in the Trademark Journal, there is a specified period during which interested parties can file oppositions. You can regularly monitor the status of your application online to see if any oppositions have been filed against it.
The status “Accepted and Advertised” indicates that your trademark application has successfully overcome any objections raised during the examination stage and has been accepted by the Trademark Registry. It also signifies that your trademark has been published in the Trademark Journal for a specified period, allowing others to oppose its registration.
Yes, you can check the status of someone else’s trademark application in India. The online search facility provided by the Indian Trademark Registry allows you to search for and retrieve information on any trademark application by entering the application number or relevant details. This enables you to stay updated on the progress and status of other trademarks of interest.
