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.
Trademark registration plays a crucial role in safeguarding brand identities and establishing their unique presence in the market. In India, the trademark registration process is overseen by the Indian Trademark Registry Office. The office maintains an E-Register which serves as a key resource for tracking the status and progress of a Trademark Application until the Trademark Registration is finally granted.
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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”.
What is the meaning of TM Status “New Application”?
As a significant milestone to the Trademark Registration process in India, the Indian Trademark Registry has introduced an online E-Register & Application Status Page, where any Trademark applicant can go and check the status and progress of their Application. If you’re wondering how to check the Trademark Status, you simply have to visit the E-Register Page and enter your National/IRDI Registration Number or International Registration Number, whichever is applicable. TM E-Register and Status Page is real-time and reliable, so the TM Status which appears on it is absolutely accurate and precise.
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.
Practically speaking, the status appears on the page after the Trademark Application is submitted with all required attachments and the prescribed trademark registration fees are paid. As soon as the acknowledgement trademark filing receipt (CBR) is issued to the applicant, the TM status of the application changes to “New Application”. The fee for filing the Trade Mark application in India depends on the type of applicant and the mode of filing.
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 Trade Mark office in India does issue a Manual of Trademark Practice wherein the departmental process is elaborated for public knowledge. This manual can act as a perfect guide for a Trademark Applicant to monitor the progress of the application after the “New Application TM Status. You may download the latest Trade Mark Manual here.
How to Check the TM Status “New Application”?
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:
Step 1: Visit the online IP India Portal:
Visit the official website of the Indian Trademark Office at http://ipindia.gov.in and log in using your account credentials. If you don’t have an account, create one by providing the required information. Upon registration, you will receive your login credentials via email.
Step 2: Login to your Account
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.
Step 3: Proceed to the E-Register and Application Status Page
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.
Step 4: Enter Trademark Registration Number
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.
Step 5: Check the Trademark Status of your Application
Finally, submit the request, and subsequently a page will be displayed with the application status of the trademark, and its other relevant details.
What are the other TM Statuses after “New Application”?
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:
"Formalities Check Pass"
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.
"Formalities Check Fail"
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.
"Marked for Examining Attorney"
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.
"Exam Report Issued"
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.
"Accepted and Advertised"
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.
"Opposed"
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.
"Registered"
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.
"Refused"
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.
Conclusion
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.
FAQs
Q1: What does the "New Application" status mean in a trademark registration process?
The “New Application” status indicates that the trademark application has been successfully filed with the Indian Trademark Office. It signifies the first stage of the registration process, where the application undergoes formalities check before proceeding to substantive trademark examination.
Q2: How long does a trademark application remain in the "New Application" status?
The duration of the “New Application” status can vary depending on several factors, such as the workload of the Trademark Registry Office and the complexity of the application. Generally, it can take several weeks to a few months before the application moves to the next stage.
Q3: Can I use my trademark while it is in the "New Application" status?
Yes, you can use your trademark during the “New Application” stage; however, it is advisable to use the ™ symbol to indicate that it is an unregistered mark. Remember, the protection and exclusivity associated with a registered trademark come into effect only after successful registration.
Q4: Can I amend my trademark application while it is in the "New Application" status?
In most cases, you can make amendments or modifications to your trademark application while it is in the “New Application” status. However, it is important to consult with a qualified trademark attorney or seek guidance from the Indian Trademark Office to ensure the changes comply with the applicable regulations.
Q5: What should I do if my trademark application remains in the "New Application" status for a long period?
If your trademark application stays in the “New Application” status longer than expected, it is advisable to reach out to the Indian Trademark Registry Office for clarification. They can provide information on the progress of your application and any potential reasons for the delay, helping you stay informed and address any issues that may have arisen.