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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
- 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.