Well, as you may be aware that the trademark refers to any word or visual representation which relates or identifies to your business. The types of the trademark may be a Word, Device, Colour, Shape of Goods, Sound Mark, Three Dimensional Marks to read more about the types of the trademark; please click here. The intellectual property in the Trade Mark belongs to the person who has created and used it for the first time. However, such an IP Right originating from the creation or conception of a mark gets the legal force of stopping others from misusing when the Trade Mark is registered. The process of registration is long and involves multiple steps, to read the complete procedure, please refer to our webpage on Trademark Registration.
The trademark office has made available an E Register & Application Status Page, where any person can go and check the Status of Trademark, we have made a detailed tutorial post on how to know the Trademark Status, to access that post please Click to the link. You can directly go to the E-Register Portal of the Government and know the status of your trademark application. TM Status is real-time and reliable. The status can be anything from these fourteen statuses of the Trade Mark, and you may read the meaning and significance of each such status, please follow the link
The status of the trademark “New Application” is the very first status that is assigned to a new application filed for registration of a Trade Mark by the trademark registry. In simple words, when you file an application with all required attachments like user affidavit, attorney authorisation and evidence of usership of a trademark and pay the prescribed fee to the Trade Mark Registry. The issue of acknowledgement or Trademark Filing Receipt (CBR) of such payment of the trademark Fee is received then the status of the application is marked as “New Application”. To know the fee for filing the Trade Mark application in India and overall cost, please click this Link
The “New application” means that the application is well received by the Trademark Office and shall be processed with as per the departmental process. The Trade Mark office in India does issue a Manual of Trademark Practice wherein the departmental process is elaborated for public knowledge and to act as a guide to the stakeholders. You may download the latest Trade Mark Manual from here. The usual next step is technical scrutiny of the application where the trademark office reviews the application to determine the correctness of application from the point of view of correct classification, description of the trademark, documents that have been attached etc. The possible next stage can be any of the below four statuses, you should understand the meaning and significance of the below terms clearly and completely. We have explained each stage in detail; please click on the link to go to read more.
Send to Vienna Codification
Marked for Exam
Formalities Check Fail
Formalities Check Pass
While all three stages except the Formality Check fail is a normal status which can be assigned based on the application. However, the status “Formality Check Fail” is a matter of concern. This happens mostly when the class and the class description is not correct, or the documents attached are not qualified. The defect of formality check fail is not fatal to the Trade Mark application and can be cured by filing an amendment application to the Trademark Registration Application.
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