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Once the Trade Mark application is filed, it goes through various stages of scrutiny before being approved by the Registrar of Trade marks. The registration of a Trade Mark takes around 18 to 24 months in general. The status of the Trade Mark is updated several times by the Trade Mark office during this process and timeframe. Each status of the Trade Mark application denotes the relevant stage of the registration process to which the application has proceeded.
Different Statuses of Trade Mark
You can check the status of your Trade Mark application online through the website of the trade marks office. It is a very simple and easy process. It involves the following steps:
| Step Number | Description |
|---|---|
| 1. | Go to the website of the IP India Portal: IP India Portal |
| 2. | Navigate to tabs: Trademarks > Related Links > Trade Marks Status. Alternatively, click here. |
| 3. | From the left menu, choose Trade Mark Application/Registered Mark |
| 4. | Select National/IRDI Number |
| 5. | Enter Trade Mark Application Number and captcha |
| 6. | Select ‘view’ and the status of the Trade Mark application will be displayed on the screen. |
Source: IP India Portal
Different Statuses of Trade Marks
Your application may have one of the various statuses on top fetched from the records of the Trade Marks Registry. The different statuses of Trade Mark application are:
1. New Application:
This status is displayed for a few days after filing the Trade Mark application.
2. Formalities Chk Pass:
It signifies that the Trade Mark application has been correctly filed after fulfilling all the formalities. Formalities check is usually completed within 1 or 2 weeks of filing the application.
3. Formalities Chk Fail:
It implies that all the requisite formalities for the filing of the Trade Mark application have not been complied with. If the application was not properly filed, then clarifications / amendments are sought by way of a formalities report issued from the Office to the applicant. In response to the same, either a response to the formalities report can be submitted to the Office within the specified time in the report or an amendment can be made by filing the TM-M Form along with the requisite fee.
4. Send to Vienna Codification:
This status signifies that the Trade Mark application which seek the registration of a logo has been sent for logo classification to the Vienna Codification section.
5. Marked for Exam:
It implies that the Trade Mark application has been reserved for examination by the Examiner of Trade marks. In a smooth case, the examination of a Trade Mark application usually takes around 2 to 3 months.
6. Objected:
It implies that the Examiner has objected to the registration of the Trade Mark. It may be due to some substantive grounds of refusal (such as, the mark is not distinctive enough to be a registered trademark and/or conflicts with a prior mark) of registration of the Trade Mark or for complying with a procedural requirement (such as establishing user claim or amending class). In order to have any such objections to the Trade Mark application set aside, you will have to file a suitable examination report response containing applicant’s relevant submissions to overcome such objections.
7. Ready for Show-Cause Hearing:
It implies that the application has been set for examination hearing, which is a one-on-one appearance with the Trade Marks Examiner. This is the stage where the applicant or their representatives and the trademark authority gets to discuss and resolve major objections, if any, to the registration of the trademark.
8. Refused or Abandoned:
It implies that the application has been refused by the Registrar or has been abandoned by the applicant.
If your Trade Mark application has been refused by the Registrar, then you can file a review petition with the Registrar within a month for the review of their order or an appeal application with a High Court having suitable jurisdiction within a period of 3 months from the date of such refusal. These remedies have been provided under the Trade Marks Act.
9. Advertised before Accepted:
It implies that the Trade Mark has been advertised in the Trade Marks Journal before getting accepted by the Office and is open to oppositions from interested persons. Any third party can file an opposition to the registration of the Trade Mark application within a period of 4 months from the date of its advertisement.
10. Accepted and Advertised:
It implies that the Trade Mark has been accepted by the Office and has also been advertised in the Trade Marks Journal for opposition purposes. Any third party can file an opposition to the registration of the Trade Mark application within a period of 4 months from the date of its advertisement.
11. Opposed:
It implies that any third party has opposed the Registration of the Trademark. Trade Mark can be opposed on the grounds mentioned under Sections 9 and 11 of the Trademarks Act.
Section 9 lays down the absolute grounds for refusal of Trade Mark application and Section 11 lays down relative grounds for refusal of Trade Mark application. Section 9 provides that marks which are devoid of any distinctive character, which are customary in trade practice or which indicate the kind, quality, quantity, etc., of the goods cannot be registered as Trade Marks. Section 11 provides that marks which are identical or similar to existing trade Marks or which are likely to create confusion in the public cannot be registered as Trade Marks.
12. Withdrawn:
It implies that the Trade Mark application has been voluntarily withdrawn by the applicant.
13. Registered:
It implies that the Trade Mark has been registered (and renewed, if applicable) and has been entered in the Trade Marks Register. Registration of the Trade Mark is done usually after 1 or 2 months from the expiry of the opposition period or from the date of resolution of opposition.
14. Removed:
It implies that the registered Trade Mark has been removed from the Register. This may be due to non-payment of renewal fee or due to any other reason.
| Status | Description |
|---|---|
| New Application | Displayed for a few days after filing the Trade Mark application. |
| Formalities Chk Pass | Indicates the application has been correctly filed after fulfilling all formalities. Usually completed within 1 or 2 weeks. |
| Formalities Chk Fail | Indicates non-compliance with filing formalities. Clarifications/amendments required via formalities report. |
| Send to Vienna Codification | Application for logo registration sent for classification to the Vienna Codification section. |
| Marked for Exam | Application reserved for examination by the Examiner of Trade Marks. Usually takes 2 to 3 months. |
| Objected | Examiner objects to registration due to substantive or procedural grounds. Requires a suitable examination report response to overcome objections. |
| Ready for Show-Cause Hearing | Application set for examination hearing with the Trade Marks Examiner to resolve major objections. |
| Refused or Abandoned | Application refused by the Registrar or abandoned by the applicant. Remedies include filing a review petition with the Registrar or an appeal with the High Court. |
| Advertised before Accepted | Trade Mark advertised in the Trade Marks Journal before acceptance, open to oppositions for 4 months from the advertisement date. |
| Accepted and Advertised | Trade Mark accepted by the Office and advertised in the Trade Marks Journal for opposition purposes. Open to oppositions for 4 months from the advertisement date. |
| Opposed | Third-party opposition to Trade Mark registration. Grounds for opposition include absolute grounds (Section 9) and relative grounds (Section 11) of the Trademarks Act. |
| Withdrawn | Trade Mark application voluntarily withdrawn by the applicant. |
| Registered | Trade Mark registered (and renewed, if applicable) and entered in the Trade Marks Register. Registration done after opposition period or resolution. |
| Removed | Registered Trade Mark removed from the Register due to non-payment of renewal fee or other reasons. |
Conclusion
Trade Mark registration process usually takes around 18 to 24 months. Navigating through this lengthy process requires comprehensive and in-depth knowledge of the various Trade Mark statuses. Understanding the various statuses helps the applicant in taking suitable steps at the right time, when needed, and filing adequate submissions with the Registry.
Frequently Asked Questions
1. How long does it take to get the Trade Mark registered in India?
The Trade Mark registration process takes around 18 to 24 months. However, the application number is issued within 2 days of filing the application, which application helps in claiming priority over other filers of the same mark / name.
2. What are costs of getting a Trade Mark registration?
As per the government guidelines, where the Trade Mark is to be registered by a company, trademarks office charges a fee of Rupees 9000 for online application and Rupees 10,000 for physical application. If the registration is sought by an individual/ start-up/ small enterprise, a fee of Rupees 4,500 is charged for online application and Rupees 5,000 is charged for physical application.
Article contributed by Mr. Gautam Badlani.