Trademark is the mark used to identify and distinguish the products and/or services. It distinguishes the products of a particular source from those of others or of competitors. It is required to be registered as Trademark under the Trademark Act, 1999 in India in order to protect the mark and to prohibit others from using the same. Any person willing to register a trademark can make a trademark registration application before the Trademark Registry.
As the application is filed, the application undergoes through the various stages of Trademark prosecution and the trademark status check can be accessed easily on the website of Intellectual Property i.e. through this link – https://ipindiaonline.gov.in/eregister/eregister.aspx.
Thus, trademark status can be checked easily. However, one must know the context and meaning of those trademark status. As then only one can understand their meaning.
In this blog, we will discuss the trademark meaning and the list of trademark application status.
Trademark Registration Status
once the application is filed along with requisite fee then the status of application shall be New Application, it means that new application has been received by the Trademark Registry. Thereafter, they will scrutinize the application to proceed further.
when the application has been filed but the requisite fee has not been paid by the applicant then its status will be
if the trademark applicant withdraws the trademark registration application for any reason then its status will be tread as
Formalities Check Pass (written as “Formalities Chk Pass”)
The Trademark Registry shall check the application thoroughly. The registry examines to check whether the application has been filed correctly or not. Howver, when it is correctly filed then its status shall be changed from New Application to Formalities Check Pass.
Formalities Check Fail (written as “Formalities Chk Fail”)
if the Trademark application is filed wrongly according to the Trademark Registry. Then the status shall be changed from New Application to Formalities Check Fail. Lastly, the Registry shall intimate the same along with reasons to the applicant. Thereafter, the applicant can make the concerned amendments in the application by filing a trademark amendment application.
Send to Vienna Codification
When the trademark application has been filed to register a logo as trademark then the application shall be checked as per the Vienna Codification.
Marked For Examination (written as “Marked for Exam”)
When the formatives check of the application is passed then the application shall be checked by the Examiner of Trademarks and the status shall be “Marked for Exam”.
As we know, an examiner of trademark scrutinizes the trademark application. At the time of examination, if the examiner is satisfied that the application is valid and satisfied all the requirements. Then the Examiner shall accept the application and its status shall become “Accepted”. Likewise, when the examiner is not satisfied with the application or finds the mark as identical or similar with any other mark then it shall object the application. subsequently, it shall send the objection in the form of Examination Report to the application for intimating the grounds of objection and for giving the opportunity of being heard and thus the status shall be changed to “Objected”.
Examination Report Issued
As soon as the application is accepted by the Examiner of trademark then status shall show Examination Report Issued.
Ready for Show cause hearing
when the application has been objected and court hearing has been requested by the applicant or by the examiner then the shall be Ready for Show cause hearing.
when the applicant fails to serve the reply of examination report or any other response asked by the examiner within the prescribed time-limit then the application shall be abandoned and it shall show as
Advertised before acceptance (Advertised bef acc)
when the application is accepted by the examiner of trademarks then the examiner shall publish the application in the Trademark Journal without any user evidence. Additionally, it is done in order to call any objections or queries against the same. Therefore, the trademark status will be “Advertised bef acc” till the application for the prescribed period.
Accepted and advertised –
when the application is published by the trademark registry in the trademark journal with user evidence then the status of trademark application shall be Accepted & Advertised.
Opposed, Opposition withdrawn
when the application has been published in the trademark journal and if it is opposed by any of the third parties then its status will be shown as Similarly, when the third party withdraws its objection then it’s status will read as Opposition withdrawn.
when the Trademark Registry rejects the application after thorough examination of application then the status of application shall be refused.
when the application is fully accepted and the application has gone through all the steps of registration and when finally the registration certificate is issued then its status will be Registered.
We hope now you must know the trademark meaning and various status or stages of trademark application. Above all, one must also know how to check the status and more importantly what does the particular status mean.
If you have any further queries/clarification related to trademark registration status and trademark status check then contact your Trustworthy Advisors Manthan Experts to guide you through the Trademark registration Process and the meaning of trademark application status by dialing at +91-9643-969-969 or mail at email@example.com.