After filing a trademark application, it will simply take at least 6 -12 months to get your trademark registered at the Trademark Registry, India. At that intermittent period, your trademark application will go through the various stages, and you could check the status of your trademark which would be reflected online. And each time a trademark status is being updated against your application number, it shows the stages at which your application is at the moment. It is very important for you to simply know the status of your trademark application as there a few stages of a trademark application that require you to take some necessary action. This article is for you to understand what each status means and stands for.
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.
2. Send to Vienna Codification:
This is a stage through which your application will go through only if you have applied for non-text trademarks. If your trademark contains a logo, label or any specific artwork, then it is generally assigned to numerical code. And this numerical code is in accordance with the Vienna Codification.
3. Formalities Check Pass:
This stage is seen as a procedural formality. This stage is all about filing a power of attorney, you must also provide the translation is any document are not in English/Hindi and so on. If you have properly completed all the procedural formalities, then your trademark status will also reflect as a formality check pass.
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:
The EDP stage stands for Electronic Data Processing. All the documents are scanned, digitized and then entered into the database. Send Back to EDP simply means that there have been few minor errors during the data entry into the database which needs to be rectified. This does not require the applicant to take any steps, it is a sort of technical problem.
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.
7. Marked for Exam:
This signifies the beginning of the legal process. This stage is when your application is taken in Infront of the Examiner in order to check its registrability. The examiner would decide whether your trademark is qualified for registration and if it is abiding the provisions of the Trademark Act.
8. Exam Report Issued:
After the examiner conducts the examination, the exam report is issued. It would mainly contain the objection raised for refusal of a trademark based on Section 9 or Section 11, and you can check more details on how to respond to the exam report here.
The examiner can raise objections against the registration of your trademark; the trademark status will show as objected. If your trademark has got objected, then you are given a fare duration of time to file a reply which is one month from the date of receiving the notice. You could learn how to prevent and handle objections by clicking here.
If you do not respond to the trademark registrar within the stipulated time, your trademark application will be abandoned.
Accepted means that the examiner has not raised any objections and that your trademark will be published in the trademark journal, prior to registration.
12. Advertised Before Accepted:
This means that your trademark has been published in the trademark journal. Before Accepted is the stage where your mark will be published and will allow any third party to oppose your mark before it gets accepted.
13. Accepted and Advertised:
This means that your trademark has been advertised in the trademark journal. There are absolutely no changes that you need to make to the application.
14. Ready for Show Cause Hearing:
It means that the examiner is not satisfied with your response to the examination, and you will be given a chance to explain why your mark should not be refused. You need to attend the hearing on a fixed hearing date, otherwise, your mark can be refused or abandoned.
If the examiner is not satisfied with the response then he can refuse the registration of your trademark. You can learn more about how to overcome the refusal from here.
After the trademark is advertised in the trademark Journal a third-party has 4 months to oppose the published trademark. If a third-party has opposed your mark seeing the journal, then the trademark application status will represent itself as opposed. You could learn the trademark opposition procedure clicking here.
Your trademark is registered under the trademark registry.
A trademark can be removed from the Register of trademarks. This may be because of the non-renewal of the trademark.
After you voluntarily withdraw your trademark application, and status will shows as withdrawn. Therefore, it has the importance to check the trademark application status of a mark from time to time. Further, you can check your trademark application status here: trademark e-register or you contact us to assist you to find the status of your trademark application.