mail-box-lead-generation

written by | April 1, 2022

How to Check Trademark Status?

×

Table of Content


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.

What Is a Trademark?

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.

Also Read: Best Business Name Ideas With Brand Name Generators

Steps to Check Trademark Status

Now, let's understand the procedure of checking trademark application status stepwise: 

  1. For checking the application status, you need to log into the official website http://ipindiaonline.gov.in/eregister/eregister.aspx
  2. 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.
  3. 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.
  4. 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.

Trademark Examination

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.

Trademark Publication

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.

Registration Certificate

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.

Objected Status

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.'

Conclusion

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.

Follow Khatabook for the latest updates, news blogs, and articles related to micro, small and medium businesses (MSMEs), business tips, income tax, GST, salary, and accounting.

FAQs

Q: What are the steps to check trademark status?

Ans:

You have applied for a trademark and want to know if you got one or not, then these are some of the steps which will help you to check your trademark status:

  1. First, you need to visit the IP India website.
  2. Now, choose a National/IRDI number.
  3. Please include the signature application number.
  4. View the signature application details.

Q: What does the Vienna code sent status means?

Ans:

While checking for trademark status in India, if you get Vienna code sent status means that the Trademarks Registry is conducting a registered trademark for logos to determine their distinctiveness. The Vienna Code Classification is a standard for logos and the various elements. The Vienna Agreement assigns a code to the applied mark based on the elements present in the logo.After passing this stage, your application will proceed to the Formalities Check.

Q: Is it possible to change a registered trademark later while checking the trademark status?

Ans:

Yes, the filed trademark may be altered following Section 22 of the Trademarks Act, which allows for mark amendments as long as they do not result in a significant change in the character of the mark as a whole. Any exterior or unimportant character or highlight of the said mark may be altered if a request in the form prescribed and 16 copies of the revised label mark are filed.

Q: What does the objected trademark status mean?

Ans:

While checking the trademark status, if you get the status as “objected”, the Registrar/Examiner raises one or more opposition in the Examination Report. The trademark status on the Indian Trademark Registration Registration website is "Objected." Suppose the trademark has developed a distinct personality due to massive use. To this end, a user affidavit must be submitted along with convincing evidence that the registered trademark has acquired distinctiveness.

Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.
×
mail-box-lead-generation
Get Started
Access Tally data on Your Mobile
Error: Invalid Phone Number

Are you a licensed Tally user?

Disclaimer :
The information, product and services provided on this website are provided on an “as is” and “as available” basis without any warranty or representation, express or implied. Khatabook Blogs are meant purely for educational discussion of financial products and services. Khatabook does not make a guarantee that the service will meet your requirements, or that it will be uninterrupted, timely and secure, and that errors, if any, will be corrected. The material and information contained herein is for general information purposes only. Consult a professional before relying on the information to make any legal, financial or business decisions. Use this information strictly at your own risk. Khatabook will not be liable for any false, inaccurate or incomplete information present on the website. Although every effort is made to ensure that the information contained in this website is updated, relevant and accurate, Khatabook makes no guarantees about the completeness, reliability, accuracy, suitability or availability with respect to the website or the information, product, services or related graphics contained on the website for any purpose. Khatabook will not be liable for the website being temporarily unavailable, due to any technical issues or otherwise, beyond its control and for any loss or damage suffered as a result of the use of or access to, or inability to use or access to this website whatsoever.