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How To Check The Trademark Application Status?

source: vakilsearch

A trademark is a type of distinctive phrase indicating a specific product different from other available products on the market. Moreover, a trademark symbolises a company's ownership of a particular brand. However, trademark registration can assist an Entrepreneur in protecting their product from getting copied. In this regard, the initial step is to file a trademark application.

Furthermore, after application, you can also check your trademark application status online!

What Is Trademark Application Status?

Trademark Status helps you to check your status of trademarks. You can perform this action from the official website of Intellectual Property India (IPINDIA). Additionally, after a successful application, you must visit the official website to check your application status. However, for opposition or objections, you can respond to your application within an allotted time to ensure that your application is still valid.

What Is a Patent?

A patent is a legal document that provides an inventor exclusive intellectual property rights for recent and useful inventions. This form of incorporeal rights enables an inventor exclusively to exploit an invention commercially within the time limits of the patent. An owner will also have sole access to the profit made from the products that his or her invention has made.

What Are the Different Types of Trademark Status in India?

A few of the types of trademark status in India include the following:

  • New Application
  • Formalities Chk Fail
  • Formalities Chk Pass
  • Send To Vienna Codification
  • Objected
  • Marked for Exam
  • Exam Report Issued
  • Abandoned
  • Ready for Show Cause Hearing
  • Advertised bef acc (Advertised Before Accepted)
  • Opposed
  • Accepted & Advertised
  • Registered
  • Invalid
  • Refused
  • Withdrawn
  • Send Back to EDP
  • ABA/Readvertised
  • Send to PRAS
  • Under Division
  • Rectification Filed
  • Cancelled
  • Accepted
  • Accepted/Re-advertise
  • Protection Granted
  • IR Cancelled
  • Removed
  • Review
  • Appeal
  • Gone to court
  • Opposition Withdrawn
  • Stay of Registration

How to Register a Trademark in India?

To register a trademark in India, you can follow the steps below:

Step 1: Search for the Trademark

Most individuals do not realise the importance of the search for a trademark. So, having a specific brand name in consideration is not a valid reason for avoiding a trademark search. This search assists you in understanding similar trademarks in existence and provides you with a wider picture of your potential trademark.

Step 2: File a Trademark Application

After a thorough search, if you realise that your logo or brand name is absent from the Trademark Registry India, then you can proceed with registration. In this regard, the primary step is to launch an application at the Trademark Registry India. Next, you will receive an official receipt for future reference after the application.

Step 3: Examination

After launching an application for the same, the authorities scrutinise for possible flaws. This process can take approximately 12 months to 18 months. In this regard, concerned authorities can accept your trademark application completely, conditionally or object to it.

Next, after acceptance of the resolution, your trademark will be published in their Trademark Journal. However, if your response is declined, fulfil all conditions and resolve objections that are mentioned in your report within a specific time. In addition, you can also request a hearing. Now, in your hearing, if the authority feels that your trademark is eligible for acceptance, they will publish it in the Trademark Journal.

Step 4: Publication

This step is included in the process so that individuals who object to the registration can have the opportunity to oppose it. Now, after 3-4 months of publication, your trademark will proceed for registration if there is no opposition.

Step 5: Registration Certificate

After your application proceeds for trademark registration, after publication in Trademark Journal, you will receive a registration certificate with a seal of the Trademark Office.

Step 6: Renewal

You can renew your trademark after every 10 years. So, your brand name or logo registration will be protected.

How to Check Trademark Application Status?

Step 1: Visit the official website of IPINDIA

From the main webpage, visit the IPINDIA Trademark Status page

Then you will be redirected to the E-register main page, which has four options

  • Trademark Application/Registration Mark
  • Receipt/Acknowledgement for Postal Application
  • Trademark Indexes
  • Track Legal Certificate Requests

After that, click on the Trademark Application / Registered Mark

Step 2: Click on National/IRDI Number

After that, click on the National/IRDI Number radio button to proceed

Step 3: Input the Trademark Application Number

Here give your trademark application number and CAPTCHA

Step 4: Preview Trademark Application Information

After completing the captcha, you will be redirected towards trademark application information with all documents provided with the application

As evident, the trademark registration process does not demand much effort, and this straightforward process is also essential for brand name registration. After registration, you need to check your trademark application status to proceed with your application.

FAQs About Checking Trademark Application Status in India

What is the time to respond to the opposition after publishing?

The general public will have 3 to 4 months to respond to oppose that trademark.

How many days does it take to get an approval for a trademark?

Usually, the application number for trademark approval is issued within two working days. However, the approval cna take up to 18-24 months.

Why do trademark applications get rejected?

The USPTO can reject trademark applications for multiple reasons, but most commonly if there is some kind of match with another trademark. The match can be sound, font, appearance, products or commercial impressions.