You can check the status of your Trademark Application online after it has been submitted to the Indian Trademark Registry. The process of doing so is very simple and is explained further in this blog. “New Application” is the very first TM Status assigned to a Trademark Application, and in this blog we will decipher its meaning along with the meaning of other TM Statuses which occur after the “New Application” Status.
The “New Application” status is the very first status a Trademark Application is assigned. It marks the formal commencement of the registration process, indicating that the application has been successfully filed and received by the Indian Trademark Registry. After this, the Registry will process the application further and at each new stage of the registration process, the application will receive a new TM Status. Let’s understand the meaning of all these TM statuses beginning with the status of “New Application”.
As far as the “New Application” TM Status is concerned, it is the very first status that appears on the Trademark E-Register page when a trademark application is filed with the Indian Trademark Registry. The meaning of the “New Application” TM Status is simply that the trademark application has been successfully submitted and received. It marks the formal commencement of the registration process, signifying that the application is now under the jurisdiction of the Trademark Office for further examination and review.
It is important to note that the duration of the “New Application” status can vary depending on various factors, such as the workload of the Trademark Registry Office and the complexity of the application filed. While the application is in this status, it is crucial for the trademark applicant to actively monitor its progress and keep an eye on next stages that are about to come.
The process of checking the Status of a Trademark Application on the E-Register Page is quite easy and can be completed in a few simple steps. It is highly beneficial for several reasons as well. Firstly, it provides you with real-time updates on the progress of your application, allowing you to stay informed about its current stage within the registration process. This helps you plan and manage your expectations accordingly, as trademark registration can take time.
Additionally, monitoring the TM status enables you to identify any potential issues or objections raised by the trademark examiner and file a response within time. By promptly addressing these concerns, you can improve the chances of a successful trademark registration. Furthermore, regularly checking the status allows you to track the actions taken by all stakeholders, including yourself, the attorney, and the government authorities, ensuring transparency in the registration process.
Let’s explore the steps involved in checking Trademark Status:
Once logged in, navigate to the main menu on the homepage and select “Trademarks”. In the dropdown sub-menu, locate and click on the “Related Links” option. Under the “Related Link” section, choose “Trademark Status” and click “YES” to proceed.
You will be directed to the E-Register & Application Status Page of the Trademark Registry. This page is regularly updated in real-time with actions performed by different stakeholders to a Trademark Application, including the applicant, attorney, and government authorities.
Click on “Trade Mark Application/Registered Mark”. Upon clicking, you get the option of either entering the National/IRDI Number or the International Registration Number. Enter the required information appropriately.
Finally, submit the request, and subsequently a page will be displayed with the application status of the trademark, and its other relevant details.
After the “New Application” stage, a trademark application goes through a rigorous processing by the Trademark Registry and several subsequent statuses appear. Each status represents distinct phases of the application process, including examination by a Trademark Examiner, objections raised by the Department, Publication of the Trademark in the Journal, public opposition raised against the trademark, and finally registration of the Trademark by the Department.
Understanding these statuses is crucial for trademark applicants to monitor the progress of the Trademark Application, as they inform about the current position of their application and provide insights about what actions may be required. Let’s explore the statuses of a trademark application in India after the “New Application” status and understand their meanings in detail:
This status indicates that the trademark application has successfully passed the initial formalities check by the Department, which includes verifying the completeness of the application, adherence to prescribed guidelines, and payment of requisite fees. This status is what immediately follows the “New Application” status.
If the application fails the formalities check, this status signifies that there are deficiencies or errors in the application. The Indian Trademark Office may provide specific reasons for the failure, such as incomplete information or incorrect documentation. The applicant is typically given an opportunity to rectify the issues within a specified timeframe at this stage.
In this stage, the trademark application is assigned to an examining attorney for a substantive examination. The examining attorney reviews the application to assess the distinctiveness of the mark, potential conflicts with existing trademarks, and compliance with legal requirements.
Upon examining the Trademark, the examining authority issues a Report, which either indicates that the mark has been accepted for further process or has been objected on valid grounds. If objected, the report also outlines the specific grounds for objection, such as similarity to existing marks, lack of distinctiveness, or non-compliance with legal requirements. The applicant must respond to the examination report within the given timeframe, typically 30 days, providing appropriate arguments or amendments to overcome the objections.
This status signifies that the trademark application has successfully overcome the objections raised in the examination report. The application now meets the criteria for registration and is accepted by the Indian Trademark Office. It is then published in the Trademarks Journal for a period of 4 months, giving an opportunity for third parties to oppose the registration if they have valid grounds.
If any third party raises opposition against the published trademark application, this status indicates that an opposition proceeding has been initiated. The matter will be examined by the Intellectual Property Appellate Board (IPAB) based on the arguments presented by both parties. The final decision will determine whether the trademark will proceed towards registration or be refused.
Once all requirements are fulfilled, and no opposition or objections are upheld, the trademark application attains the status of “Registered.” It signifies that the trademark has been officially registered with the Indian Trademark Office and the applicant obtains exclusive rights to use and own the mark for the specified goods or services.
When a trademark application receives the “Refused” status, it means that the Indian Trademark Office has rejected the application for registration. This status is assigned when the examining attorney or the Intellectual Property Appellate Board (IPAB) determines that the application does not meet the legal requirements or fails to satisfy the necessary criteria for trademark registration.
Understanding the meaning of the TM Status “New Application” and the subsequent statuses in the trademark registration process is essential for navigating the path towards securing a successful trademark registration in India. Checking the trademark application status regularly empowers applicants with real-time updates, allowing them to address objections, respond to examination reports, and overcome potential challenges effectively and within time.
By actively participating in the registration process and staying informed about the status of their application, individuals and businesses can protect their brands, establish exclusivity, and safeguard their intellectual property rights. Remember, obtaining a registered trademark requires perseverance, proactive engagement, and a thorough understanding of the process, so if need be, seeking the services of a Trademark Professional such as Setindiabiz is always recommended.