Trademark status

Overview:

Like a product life cycle, a trademark application to get an entry in the trademark register shall undergo whole process-these stages are called the stages of trademark prosecution. Once, the application is filed with the Indian IP Office, the status of the application is updated as and when it passes through each stage. You can have track of your application on the official website of the IPR.

How to check the status of trademark?

The trademark status can be checked by entering the application number or registration number of the trademark in the official website of the IPR. The status will be available on the top-left hand side of the application.

Trademark status and their meaning:

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Trademark Status

Meaning

1

New Application

Trademark has been filed with the registry and details of the mark has been entered in the system of the registry

2

Send to Vienna Codification

Issued when a logo or device mark is filed- the application is sent to be checked as per the international classification of figurative elements

3

Formality check pass

Trademark has successfully passed the preliminary requirements and formalities. The application can now be sent to the examination stage

4

Formality check fail

Trademark application lacks any of the filing requirements and needs to be modified or corrected as stated by the registry.

5

Send back to EDP

Error with reference to data entry of the concerned trademark application

6

Marked for Exam

Trademark has complied with all initial requirements and is sent for examination for objections by the trademark examiner

7

Examination report issued

Mark has been accepted by the registry, yet to be published in the journal

8

Objected

A trademark application has been examined under section 9 and 11 and the application attracts either or both grounds of refusal. 

9

Abandoned

The applicant has failed to reply to the examination notice with the prescribed period of 30 days

10

Accepted

Examiner has not raised any objection and the same will proceed towards advertisement in the trademark journal.

11

Advertised before acceptance

Given in exceptional cases when the examiner finds strong evidence of commercial adoption and in such cases, the officer may accept and advertise the application.

12

Accepted and advertised

Trademark is accepted and advertised in the trademark journal.

13

Ready for show cause hearing

The reply to the examination report is not to the satisfaction of the examiner and the matter is listed for hearing

14

Refused

When the trademark examiner is not satisfied with the reply and is of the view that the mark is to be refused, the application stands refused.

15

Opposed

When third-party opposition is filed against the mark

16

Registred

In the last and final stage of the mark, when the mark is advertised in a journal and no oppositions come or all oppositions are cleared, the mark is registered.

17

Removed

When the mark has not been renewed.

18

Withdrawn

When the applicant desires to withdraw the application, he has to submit a letter of withdrawal to the registry.