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?
Trademark status and their 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.|
Section 25 of the Trademark Act, 1999 provides for duration, renewal and restoration of the registration. These provisions should be read with Rule 57 of the Trademark Rules, 2017 which states that trademark shall be made in Form TM-R along with the fee as prescribed in the first schedule and may be made at any time not more than one year before the expiration of the last registration of the trademark.