Different Stages Of Trademark Registration Status

After filing a trademark registration application, it typically takes at least 6-12 months to complete the registration process at the Trademark Registry in India. During this time, your application will go through various stages, and you can check the status of your trademark registration online. Each time the status of your trademark registration is updated, it reflects the current stage of your application. It is important to be aware of the status of your trademark registration, as certain stages require you to take necessary actions. This article will help you understand the meaning of each status and what it represents in the trademark registration process. 

The Various stages of Trademark Application Status: 

Here are the various stages through which your trademark application will revolve around or go through. 

1. New Application: 

An application has been applied in the trademark registry. This is the first step for your trademark application which will be processed. This application includes important information such as the name of the applicant, the trademark, and the goods and services it will be used to identify. 

2. Send to Vienna Codification: 

“Send to Vienna Codification” refers to a step in the international trademark registration process. It is a process for classifying and organizing trademarks for international registration under the Vienna Agreement. The Vienna Agreement is an international agreement that was established to facilitate the registration of trademarks in multiple countries by creating a common classification system for trademarks. 

When a trademark is “Sent to Vienna Codification”, it means that the trademark has been evaluated and assigned to one or more classes of the Vienna Classification, which is a standardized system of classification of goods and services for the purpose of the registration of trademarks. This classification is based on the International Classification of Goods and Services (Nice Classification) and it helps to ensure that similar trademarks are grouped together and are easily searchable. This step is usually done by the Intellectual Property office of each country, it’s important to note that it’s not a mandatory step, but it’s an optional one. 

3. Formalities Check Pass: 

“Formalities check pass” is a term used in the trademark registration process. It refers to the stage of the process where the trademark office conducts a formal review of the trademark application to ensure that it meets all the requirements and complies with the trademark laws and regulations. 

During the formalities check, the trademark office will review the application to ensure that it includes all the necessary information and documentation, such as the name of the applicant, the trademark itself, and the goods and services it will be used to identify. They will also review the application to ensure that it meets the technical requirements, such as the size and format of the trademark. If the application passes the formalities check, it will be accepted and will move forward in the registration process. 

However, if the application is found to be incomplete or non-compliant, the trademark office will issue an office action, which is a formal notification to the applicant that the application has deficiencies that need to be addressed before it can be accepted. Once the deficiencies are addressed, the application will be re-reviewed and, if it passes the formalities check, it will move forward in the registration process. 

4. Formalities Check to Fail: 

If some procedural formalities (as listed above) are incomplete or if you have not satisfactorily complied with them then your trademark application status will show as formalities check to fail. You would have to comply with the check fail which is mentioned by the trademark registry. 

5. Send Back to EDP: 

Send Back to EDP” is a term used in the trademark registration process. It refers to the stage when the trademark office sends the application back to the Electronic Data Processing (EDP) section for further processing or correction. 

The EDP section is responsible for processing and managing the electronic data of trademark applications, including data entry, scanning, and storage. During the trademark registration process, the EDP section will verify that the application meets the technical requirements, such as the size and format of the trademark and the required information and documentation. 

If the EDP section finds any errors or omissions in the application, it will send the application back to the applicant for correction. The applicant will need to provide the necessary information and documentation before the application can be re-submitted to the EDP section for further processing. Once the application meets the technical requirements, it will be sent back to the trademark office for further review and processing. 

6. Send to PRAS: 

The pre-registration amendment section reflects when you have filed an amendment prior to the registration of your trademark. The amendment may be to the proprietor name, address or the like. 

The PRAS is responsible for managing the post-registration and renewal activities of trademark applications, including the issuance of certificates of registration, the maintenance of trademark registers, and the processing of renewal applications. 

When an application is sent to PRAS, it means that the application has been accepted, and the trademark office has determined that it meets all the requirements and regulations set by the trademark law. The PRAS will then proceed to issue a certificate of registration, which is a legal document that confirms the registration of the trademark. After the registration, the PRAS will maintain the records of the trademark in the trademark register and will process the renewal applications. 

7. Marked for Exam: 

“Marked for Exam” is a term used in the trademark registration process. It refers to the stage when the trademark office conducts a thorough examination of the application to ensure that it meets all the requirements and regulations set by the trademark law. 

During the examination stage, the trademark office will review the application to ensure that it includes all the necessary information and documentation, such as the name of the applicant, the trademark itself, and the goods and services it will be used to identify. They will also review the application to ensure that it meets the technical requirements, such as the size and format of the trademark, and to ensure that it doesn’t infringe on any existing trademarks. 

The examination stage is an important step in the trademark registration process as it ensures that only valid trademarks are registered. If the application passes the examination, it will be accepted and move forward in the registration process. However, if the application is found to be incomplete, non-compliant, or infringing on existing trademarks, the trademark office will issue an office action, which is a formal notification to the applicant that the application has deficiencies that need to be addressed before it can be accepted. 

8. Exam Report Issued: 

“Exam Report Issued” is a term used in the trademark registration process. It refers to the stage when the trademark office has completed the examination of the application and issued a report outlining any issues or concerns that have been identified. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. The examination report is a formal document that summarizes the findings of the examination, including any issues or concerns that have been identified. 

If the examination report identifies any issues or concerns, the applicant will need to address them before the application can be accepted. This can include providing additional information or documentation, making changes to the trademark, or addressing any potential conflicts with existing trademarks. 

Once the issues or concerns have been addressed, the trademark office will re-examine the application. If the application passes the re-examination, the exam report will be considered closed and the application will be accepted and move forward in the registration process. 

9. Objected: 

“Objected” is a term used in the trademark registration process. It refers to the stage when the trademark office has identified issues or concerns with the application and has formally raised objections to its registration. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the examination identifies any issues or concerns, the office will raise objections and inform the applicant about them through an official communication called “office action” or “examination report” . 

Objections can be related to a variety of issues such as similarity with existing trademarks, non-compliance with the technical requirements, or the trademark being descriptive or generic. The applicant will be given an opportunity to respond to the objections and provide evidence to overcome them. 

If the objections are not overcome by the applicant, the application will be rejected, if the objections are overcome, the examination report will be considered closed and the application will be accepted and move forward in the registration process. You could learn how to prevent and handle objections by clicking here

10. Abandoned: 

“Abandoned” is a term used in the trademark registration process. It refers to the stage when the applicant has chosen to withdraw the application or when the application is deemed abandoned by the trademark office due to lack of response or follow-up from the applicant. 

Abandonment can occur at different stages of the trademark registration process, such as during the examination stage, if the applicant fails to respond to office actions or examination reports, or during the post-registration stage, if the applicant fails to renew the registration. 

When an application is abandoned, it means that the applicant no longer wishes to pursue the registration of the trademark, or the trademark office has deemed the application to be inactive due to a lack of response or follow-up from the applicant. The application will be removed from the registration process and will not be granted a registration certificate. 

11. Accepted: 

“Accepted” is a term used in the trademark registration process. It refers to the stage when the trademark office has determined that the application meets all the requirements and regulations set by the trademark law, and the trademark is approved for registration. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the application passes the examination, the trademark office will issue an acceptance notice, indicating that the application has been accepted and is approved for registration. 

Once the application has been accepted, the applicant will be required to pay the registration fee and submit any additional required documentation. After the fee is paid and all the requirements are met, the trademark office will register the trademark and issue a registration certificate. The trademark will also be published in the trademark journal, which is a public record of all registered trademarks. 

12. Advertised Before Accepted: 

“Advertised Before Accepted” is a term used in the trademark registration process. It refers to the stage when the trademark office has determined that the application meets all the requirements and regulations set by the trademark law, and the trademark is advertised in the trademark journal before it is officially accepted for registration. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the application passes the examination, the trademark office will issue an advertisement notice, indicating that the application has been approved for advertisement in the trademark journal before its official acceptance. 

The advertisement of the trademark in the journal is a legal requirement in some countries, it serves as a public notice to inform any interested parties of the application, and provides them with an opportunity to file an opposition to the registration of the trademark. After the opposition period has expired, if no opposition is filed or if the opposition is unsuccessful, the trademark office will proceed to register the trademark and issue a registration certificate. 

13. Accepted and Advertised: 

“Accepted and Advertised” is a term used in the trademark registration process. It refers to the stage when the trademark office has determined that the application meets all the requirements and regulations set by the trademark law, and the trademark is both accepted for registration and advertised in the trademark journal. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the application passes the examination, the trademark office will issue an acceptance notice, indicating that the application has been accepted and is approved for registration. At the same time, the trademark will be advertised in the trademark journal. 

The advertisement of the trademark in the journal serves as a public notice to inform any interested parties of the application, and provides them with an opportunity to file an opposition to the registration of the trademark. After the opposition period has expired, if no opposition is filed or if the opposition is unsuccessful, the trademark office will proceed to register the trademark and issue a registration certificate. 

14. Ready for Show Cause Hearing: 

“Ready for Show Cause Hearing” is a term used in the trademark registration process. It refers to the stage when the trademark office has identified issues or concerns with the application, and has scheduled a hearing for the applicant to present their case and provide evidence to overcome the objections or issues. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the examination identifies any issues or concerns, the office may schedule a Show Cause Hearing. The hearing is an opportunity for the applicant to present their case and provide evidence to overcome the objections or issues that have been raised by the trademark office. 

The hearing is conducted in front of a trademark examiner or an administrative body, and is an opportunity for the applicant to present any additional evidence or arguments they may have to support their application. After the hearing, the trademark office will consider the evidence and arguments presented, and will make a decision on whether to approve the application or not. 

15. Refused: 

“Refused” is a term used in the trademark registration process. It refers to the stage when the trademark office has determined that the application does not meet all the requirements and regulations set by the trademark law and the application is rejected. 

During the examination stage, the trademark office conducts a thorough review of the application to ensure that it meets all the requirements and regulations set by the trademark law. If the examination determines that the application is not compliant with the laws, the office will refuse the application. The refusal can be due to multiple reasons such as similarities with existing trademarks, non-compliance with the technical requirements, or the trademark being descriptive or generic. 

The refusal notice is issued by the trademark office, it indicates the reason(s) of the refusal and the applicant has the option to appeal the decision. If the applicant chooses to appeal, the case will be reviewed by a higher authority. If the appeal is unsuccessful, the application will be considered as refused and can’t be registered. 

16. Opposed: 

“Opposed” is a term used in the trademark registration process. It refers to the stage when an interested party files an opposition to the registration of a trademark application, contesting its registration on various grounds. 

Once an application is accepted and advertised, any interested party can file an opposition to the registration of a trademark application within a certain period of time. The opposition can be filed on various grounds such as similarity with existing trademarks, non-compliance with the trademark laws, or the trademark being deceptive or misleading to the public. 

When an opposition is filed, the trademark office will review the application and the opposition and conduct a hearing if required. The hearing is an opportunity for the applicant to present their case and provide evidence to overcome the objections or issues that have been raised by the opposing party. After the hearing, the trademark office will make a decision on whether to approve the application or not. 

If the opposition is successful, the application will be refused, if not, the application will move forward to registration.  You could learn the trademark opposition procedure clicking here. 

17. Registered: 

“Registered” is a term used in the trademark registration process. It refers to the final stage of the process when the trademark office grants the registration of the trademark application. 

After the examination stage and if the application is found to be compliant with the laws and regulations, and if no opposition is filed or if the opposition is unsuccessful, the trademark office will proceed to register the trademark. The registration process includes issuing a registration certificate and adding the trademark to the register of trademarks. 

The registration certificate is a legal document that confirms the registration of the trademark and provides the registrant with certain legal rights and protections. It also serves as proof of ownership of the trademark. Once the trademark is registered, the registrant can use the ® symbol next to the trademark to indicate that it is registered. 

The trademark will also be published in the trademark journal, which is a public record of all registered trademarks. 

18. Removed: 

“Removed” is a term used in the trademark registration process. It refers to the stage when a registered trademark is removed from the register of trademarks. 

A trademark can be removed from the register for a number of reasons, such as if the trademark is not in use for a certain period of time, if the trademark owner does not renew the registration, if the trademark owner requests for the removal, if the trademark is found to be in violation of the trademark laws or if the trademark is found to be invalid. 

When a trademark is removed, the registration certificate will be canceled, and the trademark will be removed from the register of trademarks, along with the trademark journal. The removal of a trademark means that the registrant loses the rights and protections provided by the registration and the trademark will no longer be valid. 

19. Withdrawn: 

“Withdrawn” is a term used in the trademark registration process. It refers to the stage when an applicant voluntarily chooses to withdraw their trademark application before it has been registered. 

An applicant may choose to withdraw their application for a variety of reasons such as if they no longer wish to pursue the registration, if they have found a similar trademark already registered, or if they have found a more suitable trademark. 

When an application is withdrawn, the trademark office will cancel the application, and the trademark will no longer be considered for registration. The applicant will not be able to use the withdrawn trademark and will have to reapply for a new trademark if they wish to pursue the registration again in the future.

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