Updated : June 21, 2024How to Check Status of Trademark Registration in Indian Trademark Registry
Overview : In this highly competitive business landscape, building and protecting your brand is essential, as one of the effective ways to ensure its distinctiveness and legal protection is to register it as a trademark or your Intellectual business property. However, after submitting your trademark application, it’s also important to keep eyes on its status. Are there any obstacles in the registration process? Has it been approved?Is there a similar mark already in use? Get answer to all these questions rolling in your mind. So, let’s take a deeper look into the various methods and resources that are available to help you easily understand how to check trademark application status online! In this blog, we will discuss the various methods and resources available to help you easily trademark status check online on the Trademark Registry Portal.
The registration of a Trademark in India is a 100% online process and is completely transparent. The Trademark Registry allows you to check your trademark registration status of your Trademark application online through its official website (ipindia.gov.in). In the further section of the blog, you will get to know about a stepwise process to how to check the status of trademark application online easily in India.
Stepwise Process to Check Trademark Registration Status on Trademark Registry Website
Trademark registration is a crucial part of your business as it helps protect your business uniqueness and make your products/services easily identifiable by the consumers or business people. Filing trademark registration as well as trademark status checking is vital for ensuring your business’ exclusiveness.
Certain steps can help you in trademark registration status check on the Trademark Registry website. The following stepwise process is all you need to follow to IP India trademark status check online on trademark registry website;
Step 1: Create an Account & Login to IP India 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.
Step 2: Go to Trademark Registration Status Option in the Menu
The next step is to go to Trademarks in the Main menu displaying on the home page of the trademark registrary website. 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)
Step 3: Proceed to E-Register & Trademark Application Status India Page
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.Step 4: Enter the National / International Registration Number
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.
In order to check trademark application status India, we need to select National/IRDI Number and enter the Trademark Application number and captcha.
Step 5: Check the status of Your Trademark Application
After submitting the request the next page shall show the name, trademark application status, and other relevant details of the concerned trademark.
With the help of these steps, you can easily check trademark application status in India without facing any sort of complexities. Follow these steps as mentioned to get the accurate status of trademark registration in Indian trademark registry.
Different Statuses of Trademark Application and their Meaning
Different IP India Trademark Statuses have different meanings and understanding them is crucial if you are undergoing the process of checking Trademark Application Status India 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: If this status is visible, it is the indication that the trademark application has been submitted to the Indian Trademark Registry but it’s not yet been examined.
- Formalities Chk Pass: It demonstrates that your submitted trademark application has successfully passed the initial formalities check conducted by the Trademark Registry.
- Sent for Examination: Once the formalities check has been completed, the application is further forwarded to a Trademark Examiner for examination who will review the application in a detailed manner.
- Examination Report Issued: The Trademark Examiner issues an examination report, which lists any objections or requirements that need to be addressed by the applicant. This report is generally issued if discrepancies or conflicts are found in the submitted application with existing trademarks.
- Show Cause Hearing: If the applicant doesn’t agree with the objections raised in the examination report, they can request a show cause hearing. The status is a clear indication that the hearing has been scheduled in which the applicant needs to present arguments and evidence to surpass the objections.
- Abandoned: If the applicant fails to respond to the examination report or attend the show cause hearing within the given timelines, the application may be deemed abandoned that you can see online as the status of your trademark application.
- Accepted and Advertised: The status confirms that the trademark application has successfully overcome all objections and has been accepted by the Trademark Registry. The mark you have filed for trademark registration is published in the Trademark Journal for public opposition.
- Opposed: If any party opposes the registration of a trademark within the specified period of opposition after publication, the status will show as “Opposed.” After getting this status, as an applicant, you will need to present arguments and evidence against the trademark registration.
- Registered: Once the opposition proceedings are concluded in favor of the applicant or if no opposition is filed, the status gets changed to “Registered.” As a result, the trademark is now officially registered and is subject to protection under the Indian Trademarks Act.
- Objected: This status indicates that the Trademark Examiner has raised objections or concerns for your trademark application. The possible objections could be related to conflicting marks, lack of distinctiveness, or any other legal or procedural issues.The applicant must identify such objections and face them by presenting appropriate evidence and responses 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 as the name implies, is an international system used for the systematic arrangement of trademarks into classes based on their figurative elements.
- Marked for Exam: This IP India trademark status is the indication that the trademark application has been assigned to a Trademark Examiner for examination. The examiner will examine the application closely and may raise objections or even issue an examination report if required.
- Refused: If the Trademark Examiner found that the trademark application does not fulfill all the requirements predefined for trademark registration, it may have to face rejection/refusal. This trademark registration status is the clear indication that your trademark registration application has been rejected, and in this case, now you have the option left is to file an appeal or make necessary changes in the application in order to overcome the refusal.
- Removed: This trademark application status in India is an indication that the trademark application has been removed from the registry. There may be various reasons responsible such as non-payment of fees, failure to respond to office actions, or also the failure to meet certain formal requirements. The removal could be temporary or sometimes permanent as well.
- Withdrawn: If any applicant decides to withdraw the trademark application on its own before any decision is made, then he/she will see this status after withdrawing it. One may make this decision due to multiple reasons such as changes in business strategy, conflicts with existing trademarks, or no longer protection protection for the mark is required, etc.
Conclusion
A trademark is a unique or special mark, symbol or sign that represents a business, and it is used to distinguish a company from another and build its credibility among consumers. It is always advisable to 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 expert help. If you have filed for a trademark application but don't know about how to check trademark status, no worries! The aforementioned step by step guide on checking trademark application status India helps you in IP India trademark status check online. Follow these steps religiously to get your trademark application status India online from the comfort of your office or home, etc.
