A trademark is essential for an entrepreneur because it serves as a company's identity. It can be accomplished by registering a trademark, and it authorises a company to obtain individual rights to use, distribute, or assign a trademark. However, once you have registered for a trademark, it is mandatory to pass it from the trademark registry, for which you need to check the status after some time and work on the suggestions. As a result, in this article, we will go over how to check the trademark status in India, the different types of trademark status and other aspects of the trademark process.
Did you know?
Modern trademark laws first emerged in the 19th century in Europe.
Before moving to the checking process, let's discuss what a trademark is and all other aspects.
A trademark is an intellectual property that consists of a distinguishable sign, design, or appearance that recognises and distinguishes services or goods from others. A trademark can be owned by an individual, business organisation, or legal entity, and a trademark can be discovered on a package, label, or coupon. Service points are trademarks that are used to recognise products and services.
Steps to Check Trademark Status
Now, let's understand the procedure of checking trademark application status stepwise:
- For checking the application status, you need to log into the official website http://ipindiaonline.gov.in/eregister/eregister.aspx
- As you come to the website, check the left side of the page and select the first option that says 'Trade Mark Application/Registered Mark.' Two options appear when you select it, and the National IRDI Number should be selected.
- The next step in checking the trademark application status is that you need to enter the trademarked entity on the website. In addition, the captcha code must be entered correctly. Once the information has been entered, click the 'View' button.
- You need to click on the 'View' button in the last step. The website will showcase the status of the application.
How to Register for a Trademark in India
Trademarks can be considered the identity of a business and need to be taken seriously. However, many people think it is a complex process where you need to fill out several forms. However, that is untrue, and we will discuss the process to register for a trademark in India.
Choose the Brand Name
A brand name is important in business because it is the company's identity that customers will remember. However, many business owners are unaware of the significance of a trademark search. Developing a solid brand name in mind is not a sufficient reason to avoid conducting a trademark search. If you select the trademark of your choice, it may belong to someone else. As a result, a trademark search lets you know if there are any similar trademarks available and gives you a good idea of which brand name you should not use for your business. As a result, it is essential to conduct extensive research before selecting a trademark for your company.
Register the Brand Trademark
As you have chosen the trademark and checked to see if it has previously been listed, you must now officially register it with the Indian trademark registry. First, you must file a trademark registration form with the Trademark Office of India. Though trademark offices are located in Chennai, Delhi, Mumbai, and Kolkata, most applications are submitted online. Following the submission of the application, an official receipt is approved for future reference. Furthermore, you can check the status of your trademark application online in real-time.
As one fills out a trademark application, the examiner looks for discrepancies. This examination takes approximately 1-2 months. Following the examination, it is up to the examiner to acknowledge the trademark unconditionally, conditionally, or object. If the trademark is accepted unconditionally, it is published in the Trademark Journal. If the application is not accepted unreservedly, the conditions that must be met or the opposition that must be brought up will be mentioned in the examination report. Duration will be allotted to meet the requirements or respond to the objections.
If the response is accepted, the trademark is authored in the Trademark Journal, and if it is not accepted, a hearing can be requested. If the examiner believes that the trademark should be registered after the hearing, it is published in the Trademark Journal.
The publication of a trademark is the fourth step in the trademark registration process. The step of the trademark registration includes the right to publish. If there is no opposition four months after publication, the trademark is registered. If there is opposition, a fair hearing is held, and the Registrar decides.
Once the implementation for trademark registration has been processed, a positive and constructive carrying the Trademark Office's seal is issued following the publication of a trademark in the Journal.
Renew the Trademark
The reported trademark can be renewed indefinitely every ten years. As a result, your logo or major brand registrations can be safeguarded perpetually.
Also Read: How To Get A Business License In India?
Distinct Types of the Trademark Status
After checking the website, you will get your trademark application status. However, it is not easy to understand, so let's discuss each trademark status.
New Application Status
When the status is 'New Application,' the implementation has just been obtained and will be reviewed further. It is the application's initial stage, and it has yet to be thoroughly examined.
Formalities Check Pass Status
This phase of the brand name means that the Trademark Registry has accepted all of the starting/preliminary information filed with the application. In other words, there have been no issues with the documents that have been submitted thus far.
Vienna Code Sent Status
The Vienna Code Categorization is a globally recognised benchmark for logos and elements. The Code is delegated dependent on the type of the logo's figurative elements.
Formalities Check Fail
If the Trademark Registration process discovers any problem or disparities with the applicant's initial submitted application, the status will be perused as 'Formalities Check Fail.' It could be attributable to inadequacies or a clear lack of previously submitted documents.
If this status is assigned to a trademark, the assessor has raised concerns about the brand name and its registration. The examination report must be responded to within a month of its issuance in this case. If no response is received within the specified time frame, the trademark status will be 'Refused.'
Trademark registration grants the owner an exclusive right and differentiates the product from others. The trademark registration process does not require effort like any other legal work. Hence, it is essential to pass a trademark from legal authorities as a trademark is the prospective identity of your brand. In this article, we have covered all aspects of trademark checks.