A Comprehensive Guide on How to Check Trademark Status in India

Trademark registration helps business persons protect a brand from being copied. A Trademark is a sign, word, or design that distinguishes the goods and services of one enterprise from another. Trademark registration starts with an application process (in form TM-A) and takes around 6-12 months to get verified by the Trademark Registrar's Office.

From application to registration, a Trademark passes through various stages of scrutiny. Hence, individuals must check trademark status to ensure the completion of Trademark registration successfully. Read on to know more about the Trademark status checking process in India.

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How to Check Trademark Status in India?

Follow the steps mentioned below to check the Trademark application status online.

Step 1

Visit the official website of the Trade Marks Registry.

Step 2

From the available options on its homepage's left side, click on Trade Mark Application/Registered Mark.

Step 3

A new webpage will open. Individuals can see two options, National/IRDI Number and International Registration Number. Click on National/IRDI Number.

Step 4

Enter Trade Mark/Application Number and Captcha code in the relevant boxes.

Step 5

Click on ‘View’. Next, this website will show the application status.

Different Types of Trademark Status

As stated in the introductory paragraph, the Trademark registration process comprises various stages and checking the status of each stage is essential to take some necessary action to move to the next stage.

Here is a list of different types of Trademark status. Read on!

1. New Application

When an individual checks the application status immediately after submitting it, it usually shows ‘New Application.’ ‘New Application’ means that an application is at the initial stage and is yet to go through further scrutiny and checking.

2. Send to Vienna Codification

Vienna Code Classification has a global acceptance of logos and elements. This code assignment process focuses on the nature of symbolic elements in the logo.

3. Formalities Check Pass

If applicants see ‘Formalities Check Pass’ under the status option, it means that the Trademark Registry office has accepted the documents submitted with their application forms. In short, there are no issues or discrepancies with the submitted documents.

4. Formalities Check Fail

If applicants see ‘Formalities Check Fail’ under ‘Status’, it means that the Trademark Registry office has rejected the documents submitted with their application forms. This happens when the Trademark Registry office finds any discrepancies with documents or there is lesser clarity with the submitted documents.

5. Marked for Exam

When an application status reads ‘Formalities Check Pass’, it moves to the next stage. Here, a Trademark Exam scrutinises submitted documents and applications to make sure an application is perfect in all aspects.

6. Objected

When individuals see ‘Objected’ under ‘status’, it means the examiner has objected to a Trademark and its registration. In this stage, applicants have to answer this examination report within a month from the date of issue.

7. Refused or Abandoned

As stated in the earlier paragraph, when a Trademark application status reads ‘Objected,’ applicants must reply within a month from its issuance. When applicants fail to reply within the given time, or an examiner is not satisfied with the provided or after the Show Cause Hearing, the trademark application status will show ‘Refused.’

8. Advertised Before Accepted

When an individual proceeds to check the TM status, they might find ‘Advertised Before Accepted’ there. It means that the Trademark Registrar is not fully convinced regarding the nature of the chosen Trademark.

9. Accepted and Advertised

When applicants get to see the status of ‘Accepted and Advertised’, it points to the fact that a Trademark Registrar is satisfied with a Trademark application. Now, a Trademark Registrar can allow a Trademark to be published in the Trademark Journal as it has a distinctive nature, thus qualifying as a Trademark.

10. Opposed

After the publication of the Trademark in the Trademark Journal, the general public gets a time frame of 3-4 months to raise opposition against that Trademark. If the general public raises opposition after that given time, respective authorities will not accept that application. In case an opposition comes from a third party, it becomes visible as ‘Opposed’ under Trademark status.

11. Withdrawn

When an application status shows ‘Opposed,’ an applicant can choose to fight the case. Alternatively, they can voluntarily drop this case, i.e., application. If they withdraw this case, the application status will be ‘Withdrawn.’

12. Registered

If a Trademark passes through all these stages successfully, especially ‘Accepted and Advertised,’ Trademark Registry issues a registration certificate. Simultaneously, the status of ‘Registered’ appears on the search result.

13. Removed

If a Trademark owner does not use a Trademark for five consecutive years since the date of Trademark Registration Certificate issuance, the respective authority will remove it from the Trademark Journal. At this stage, the Trademark status will read ‘Removed.’

This piece on how to check Trademark status thoroughly explains the process as well as different types of Trademark status and their meanings. This explanation and the knowledge will help individuals check the application status without any hassle and carry out the required tasks to complete the Trademark registration process.

Frequently asked questions

All

Do individuals have to pay fees for checking their Trademark application status?

Individuals do not have to pay any fees to check their Trademark application status. They need to pay the prescribed fee only during the time of application.

What is the consequence of not renewing the Trademark registration?

If business persons, i.e., Trademark owners fail to renew their Trademark registration, the respective authority will remove it from the Trademark Journal. In such a case, the Trademark status will display ‘Removed’.