Stepwise Process to Check Trademark Status on Trademark Registry Website
Step 1: Create an Account & Login to IP India Website:
Step 2: Go to Trademark Status Option in the Menu:
Step 3: Proceed to E-Register & Trademark Application Status Page:
Step 4: Enter the National / International Registration Number:
Step 5: Check the status of Your Trademark Application:
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.
Q1: How can I check the status of my trademark application in India?
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.
Q2: What does it mean if my trademark application status is "Sent for Examination"?
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.
Q3: Is there a way to know if someone has opposed my trademark application in India?
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.
Q4: What does the status "Accepted and Advertised" mean for a trademark in India?
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.
Q5: Can I check the status of someone else's trademark application in India?
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.