A trademark in layman’s language is a visual symbol which may be a word, signature, name, device, label, numerals, or combination of colours used by one undertaking to distinguish its goods or services or other articles of commerce from other similar goods or services originating from a different undertaking. Trademark is popularly known as Brand name.
To Register a Trademark (Brand Name), the proprietor has to file an application to the Trademark department in Form TM-A. This application is submitted using IP India Portal i.e., https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
Once the application for Trademark is submitted to Trademark department, the in-depth scrutiny of the application is initiated by the Trademark Department. The trademark application has to pass several tests to get Registered on Trademark Registry.
Let’s discuss the Trademark application stages after submission of Form TM-A:
Formality Check Pass: It means the application is has passes the initial formalities.Marked for Examination: Here the application is marked for examination by the Trademark Department. The Trademark department may object the application under Section 9 or/and under Section 11. However, if the Department finds the application without any discrepancies, it may approve the application and publish the same in Trademark Registry.Objected: Where the Trademark application is objected by the TM department. The status of that application is represented as ‘Objected’Waiting for Reply to Examination Report: The applicant has to file reply of objection(s) raised by the Department in examination report within one month from the date of Examination Report. Till the applicant has not submitted the reply, the status of the application is represented as ‘Waiting for Reply to Examination Report’.Ready for Show Cause Hearing: The applicant may request the Trademark Department, not to reject the application before providing him an opportunity of being heard. The applicant may also skip the above reply to Examination report and directly apply for show cause hearing. In that case, the status of the TM application is represented as ‘Ready for Show Cause Hearing’.Accepted: Where the TM Department is satisfied with the application filed by the applicant or with the Reply to the Examination report, it will mark the application as ‘Accepted’Accepted and Advertised: Once the application is Accepted, the TM Department will publish it in Trademark Journal.Opposed: Where anyone from public feels that this application, if registered, will impact their brand reputation in the market, he may oppose the application in Form TM-O. In this case, the status of the Trademark application is represented as ‘Opposed’Registered: Once the TM Department finds the application correct in all respect. It will mark the application as Registered and issue the Trademark Registration Certificate.
HOW TO CHECK TRADEMARK REGISTRATION APPLICATION STATUS?
Once the Trademark application is submitted on the IP India Portal, the Proprietors are willing to know about the current status of application. You can check the Trademark Registration Application Status by following few simple steps:
Step 1: Visit https://ipindia.gov.in/trade-marks.htm
Step 2: Click on the tab “Trade Mark Status”
Step 3: Select “Trade Mark Applicaion/ Registered Mark”
Step 4: Select National/IRDI Number or International Registration Number, as the case may be.
Step 5: Enter Trade Mark Application Number, enter the captcha code and click on View button.
Step 6: Then, click Trademark application link and you will get the Status of your Trademark Application.
We have tried to cover all the aspects of How to check Trademark Registration Application Status. If you still have questions pertaining to Trademark Registration or status of Trademark application which is not covered in this article, we will make it easier for you. Compliance Calendar LLP have a dedicated team of Professionals who are experts in the field of IPR Laws.
Contact us on [email protected] or ping us at 9988424211 and we will be happy to assist you in all aspect from Preparation of TM Search Report till the Registration of your Trade mark at IP India Portal www.ipindia.gov.in
0
Sign in to leave a comment.