Introduction
Before registration of your trademark, there are various stages through which trademark go. These are called stages. Before registration, the trademark status would be shown online. It will give you a hint or an idea that on which stage or what is the status of your trademark.
The objective behind telling your trademark status is to make the person aware, and in some of the stages it requires the person’s involvement. If a person is well aware of the trademark status then he can take action immediately.
Trademark Status:
Before filling your Trademark for registration, it takes around 13 months in completing the process. To keep you updated, the trademark status is shown online. There are following stages given under:
- New application– It is the very first step in registering your trademark. It depicts that your trademark application has reached in their database of trademark registry.
- Send to Vienna codification– Now once your trademark application is been entered into the database and after inquiring the basic elements like artworks, logos. If they are satisfied then it would be send to Vinnea codification. From there a codification number will be generated. It is only for non-text trademark.
- Formalities Check Pass– In this a person has to check all the procedural process and certain basic requirement. It means that registry will have to check all the details like e-mail, phone number, and personal details also.
- Marked for exam– Under this, when all of the above process will be successful, it is shown online that the trademark is ready for inspection or examination. Hence, it is shown “Marked for Exam”. in this the examiner will check the following requirements before publishing the trademark in trademark journal ; like whether the said manner was followed while registering, whether there is not any kind of misrepresentation or fraud, then whether there is any existed similar trademark or not?
then a examination report is made in which if any objections is mentioned - It is accepted– Then if there are no objections from the opposite party. Then it will be accepted.
- It will be refused– If there are objections raised from the third party regarding the application. Then it would be shown online “REFUSED”. An appeal can be filed as a answer under section 91 of the Trademarks Act with the Intellectual Property Appellate Board (IPAB) within 3 months.
- Advertisement before Acceptance– It will be advertised before filing in the trademark journal, and then it will show “ADVERTISED”. Now a party can oppose it if they are willing to do so but before 4 months.
- Status Opposed– If the third party raises an objection within the 4 months from the advertisement. the status changes from” advertised” to ” opposed” once the third party sends the notice of opposition. It is mandatory for the party to file a counter statement within 2 months. If not then it will be “abandoned”.
- Withdrawn– The trademark status will show as “Withdrawn” if the applicant files a request to withdraw the application voluntarily.
- Removed – If the status has shown ‘removed’ it mean that trademark has been removed from the trademark journal.
- Registered – It means that trademark is been ‘registered’. They’ll issue the certificate of registered trademarked. Now the applicant becomes owner and he is now authorized to use the trademark up to 10 years. And after 10 years they have to renew it.
Conclusion
The process is a time taking. It takes up to 12 months to issue the certificate of registered trademarked. It is recommended to apply Trademark with Trademark Attorney to avoid Trademark Rejection or Infringement .
In case of any query or wanted apply for Trademark, submit your request here.
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