A trademark is a valuable asset for any business, offering legal protection and distinguishing your brand in a competitive market. However, once you apply for trademark registration in India, it’s essential to keep track of the application’s status to ensure a smooth and timely registration process. In this guide, we’ll walk you through the steps to check your trademark application status online, along with explanations of the various status stages.
Why It’s Important to Track Your Trademark Application Status
Monitoring the status of your trademark application helps you:
• Stay updated on any potential issues or objections raised by the Trademark Office.
• Respond promptly to office actions, objections, or opposition notices.
• Ensure a timely registration by taking corrective actions when needed.
How to Check Your Trademark Status Online: Step-by-Step Guide
The Indian Trademark Office provides an online portal where applicants can check the status of their applications. Here’s how to do it:
Step 1: Visit the IP India Website
• Go to the official website of the Intellectual Property India, also known as the Controller General of Patents, Designs & Trademarks: www.ipindia.gov.in.
• On the homepage, locate and click on “Trademarks” under the “Quick Links” section.
Step 2: Access the Trademark Status Search Tool
• Once on the Trademarks page, click on “Trade Mark Application/Registered Mark” under the “Trademarks” heading.
• Select “Trademark Application/Registered Mark Status” to access the search tool for tracking your trademark application status.
Step 3: Enter Your Application Number
• You’ll be prompted to enter your Trademark Application Number. This unique number is assigned when you file your application, and you can find it on the receipt of your application.
• Double-check the application number for accuracy, as any discrepancy will result in an incorrect or failed search.
Step 4: Conduct the Search
• Click on “View” or “Submit” after entering your application number.
• The system will display the current status of your trademark application, including details about the filing date, applicant’s name, and mark details.
Understanding the Different Stages of Trademark Application Status
The online portal shows various status stages for trademark applications. Here’s an explanation of each major status to help you understand where your application stands and if any action is required on your part:
1. New Application / Application Received
• This status indicates that the Trademark Office has received your application and has entered it into the system. This is the initial stage, and the application will soon move to the next stage for examination.
2. Formalities Check Pass / Formalities Check Fail
• Formalities Check Pass: Your application has cleared the formal requirements, such as proper documentation and fee submission.
• Formalities Check Fail: Your application has not met the initial requirements, usually due to missing or incorrect documentation. You will need to resolve these issues by following instructions from the Trademark Office.
3. Marked for Exam / Awaiting Examination
• The application is in line for examination by a Trademark Examiner. It may take several weeks or months to move from “Awaiting Examination” to the actual examination stage.
4. Examination Report Issued
• The Trademark Examiner reviews your application and issues an Examination Report, detailing any objections (if applicable). The report will either approve the mark or list reasons why it doesn’t meet the criteria for registration.
• If there are objections, you’ll need to respond within the stipulated time (usually one month) to clarify or address them.
5. Accepted & Advertised
• If your application clears the examination, it is “Accepted” and will be published in the Trademark Journal for public viewing.
• The publication allows the public to oppose your mark if they believe it infringes on their existing rights. This stage is crucial because it determines whether the mark can proceed to registration.
6. Opposition
• During the advertisement period (typically four months), any third party can file an opposition against your trademark.
• If an opposition is filed, you must respond with a Counter Statement to defend your mark. Both parties may be required to provide evidence, and a hearing may be scheduled.
7. Registered
• If no opposition is raised (or if you successfully counter any opposition), your mark will be registered, and you’ll receive a Trademark Registration Certificate.
• The status will change to “Registered”, meaning your trademark is now legally protected.
8. Abandoned
• Your application may be marked as “Abandoned” if you fail to respond to an office action, examination report, or opposition.
• An abandoned status means the application is no longer active, and the mark is not eligible for registration. You would need to file a new application to register the mark.
9. Withdrawn
• If you decide to discontinue your trademark application, you can submit a request to withdraw it. The status will then be updated to “Withdrawn.”
10. Refused
• The status “Refused” indicates that your application did not meet the requirements for registration after all opportunities to respond and appeal.
• A refusal typically ends the registration process unless you choose to appeal the decision through the Intellectual Property Appellate Board (IPAB).
Key Tips for Monitoring Your Trademark Application Status
• Set Reminders: Trademark applications can take several months, so set reminders to check the status periodically.
• Respond Promptly: If any objections or office actions are issued, respond as soon as possible to prevent delays or abandonment.
• Seek Professional Help: If you encounter opposition or complex issues, consider consulting a trademark attorney or legal advisor.
Conclusion
Tracking your trademark application status online is a straightforward process that provides transparency and helps you stay proactive. By following these steps, you can ensure that you remain informed about your application and take any necessary actions promptly. Protecting your brand through a registered trademark is a valuable investment, and staying on top of your application status is an essential part of that process.
For assistance with filing or managing your trademark application, consider consulting Nitai Advisors to ensure a smooth and efficient registration process.
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