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Trademark registration is a process mandated by the Government of India to officially register the trademark of companies to prevent duplication. It is important for businesses to protect their brand name, designs, logos or any other intellectual property. The trademark registration process is a time-consuming one and requires businesses to follow-up on trademark application status to learn of progress and the stage of approval. As a business owner, once you apply for trademark registration you can check the trademark registration status using the trademark registry website.
How to check trademark registration status online?
Trademark is an intangible asset under Intellectual Property Rights. Trademark application must be submitted to the Trademarks registry in the application form labeled TM-A to register a particular trademark. It is recommended to keep checking the application status of trademark registration. This is because the applicants might be required to take action in certain instances.
All trademark applications can be tracked online. To check the trademark registration application status, follow these steps:
Step 1: Visit the Trademark Registry website
Step 2: Select the option labelled ‘Trademark application/registered mark’ Indicated on the left side of the page.
Step 3: From the drop-down menu, select ‘National IRDI Number’
Step 4: Enter trademark application number and captcha code
Step 5: Click on ‘View’
Once you click on ‘View’ your registration status will be visible
How do I check trademark status?
As mentioned previously, trademark registration status check can be done online. You can check the progress and stage of your application.
In the previous section we have seen how you can check Trademark Registration and Application status on the Trademark Registry portal. Here, let us understand the process via the official IP website. Here are the steps involved:
- Visit the official Intellectual Property India website for Trademark registration: //ipindia.gov.in/
- Follow the path: Trade Marks > Related Links > Trade Mark Status
- Enter your Trademark Registration number
- View the status of your application including current processing stage and any objections/clarifications required
By following the above mentioned steps, you can easily check your trademark application status.
Where can I verify a trademark?
Before you apply for a trademark registration, it is important to verify the originality of your trademark. This is so that you don’t face any objections at a later stage and can gain legal protection for your trademarked brand name, design, logo or any other.
Here are the steps you can follow to trademark verification before application:
- Visit the Intellectual Property India official website to commence the process of trademark verification
- Follow the path to check the availability and status of trademarks: Trade Marks > Related Links > Public Search
- Input the required details such as Search Type, Wordmark, Class etc. and the verification code to help filter and get better search results
- Click ‘Search’ to view detailed information about the request, including any possible conflicts or objections
Based on the results, you can verify the trademark and ensure the integrity of your trademark application is protected.
Also read: Trademark registration fees – Know how much it costs to register your trademark
What are the different types of trademark registration status?
Once you submit a trademark application, it goes through various stages of scrutiny. There are different types of statuses that will be indicated on the trademark registration status page:
- New application
This status means that the application has just been received for checking. This is the initial stage of application.
- Send to Vienna codification
We end up poor classification is an international standard for logos and its elements. According to the classification, a unique code is assigned based on the figurative elements in the logo.
Sent Vienna codification:
When the status indicates ‘Sent Vienna codification’ this refers to trademarks having logos, labels or artwork. This stage attributes codes as per Vienna codification for non-text trademarks.
- Advertised before accepted
The application is advertised and open for opposition from third parties.
- Accepted and advertised
The Trademark Registrar is satisfied with all aspects of the trademark and allows it to be registered in the Trademark Journal as a recognised trademark.
- Opposed
Once a trademark is published in the trademark journal, the public is given three to four months to respond with any opposition to the trademark. If a third party has reported any objection the trademark registration status shall read ‘Opposed’.
- Withdrawn
Once the trademark status is ‘Opposed’, the applicant can fight the opposition case. If the applicant chooses not to fight, the applicant can voluntarily withdraw the trademark application. Then the status will read ‘Withdrawn’.
- Marked for exam
This status indicates that your application is being considered for a closer look by the trademark examiner.
- Formalities check pass
The required documents such as application form, Power of attorney, specimen etc., are inspected in this stage.
- Objected
When an examiner raises certain objections to the trademark and its registration then an ‘Objected’ status appears. An examination report is presented by the examiner indicating the objections.
Examination report:
You must respond to the examination report within a month from the date of issuance. If the reply isn’t given within the prescribed time, the trademark status will appear ‘Refused’.
- Refused or abandoned
‘Refused’ status means the application is refused after checking the applicant’s response to the examination report. ‘Abandoned’ indicates that the applicant hasn’t responded to the examination report and the application has been abandoned by the Trademark Registry.
- Registered
Once the trademark application passes all stages of scrutiny, the trademark registration status will read ‘Registered’. A certificate of registration is issued to the applicant by the Trademarks Registry.
- Removed
When a trademark is not used for five consecutive years after the issuance of the Trademark Registration Certificate, or when the trademark owner forgets to renew the trademark registration, then the status will reflect as ‘Removed’. If you don’t renew your trademark application, the trademark will be removed from the trademark journal.
Also read: Trademark registration renewal: How to apply online, Documents, form to fill
What is Accepted status in trademark?
When it comes to the trademark registration status and trademark application status, it’s vital to understand the meaning of the ‘Accepted’ status and how it is different from the ‘Registered’ status.
The Accepted status is an important step in securing trademark registration in the trademark lifecycle.
Meaning of Accepted status in trademark:
When a trademark application status is registered as accepted it means that the application has been reviewed and preliminarily accepted by the reviewing body/ trademark examiner.
However, it does not mean the trademark is registered. It simply means that during examination there has been no conflict with the application for trademark registration.
Accepted vs Registered:
Accepted means that the trademark application status has qualified and passed initial examination. Once advertised, it is still open to objection.
Registered means that all objections raised have been cleared and the trademark is fully approved and legally protected.
How many days will it take to get trademark approved?
When you apply for trademark registration, it’s important to understand the timeline for trademark approval. In general, the entire trademark registration process, from application to registration takes about 8 to 12 months.
The timeline also varies on different factors and documents/ information provided, examination, objections raised.
Here’s a quick look at the time/days it will take to get your trademark approved (provided there has been no objection raised):
- Filling in the trademark application form and receiving the acknowledgement: Online (1-2 days) and Offline (up to 20 days)
- Examination of Trademark (including time for additional document submission): 1 to 2 months
- Publication in the Trademark Journal for anyone to raise objections: 3 to 4 months
- Registration of Trademark and issuance of certificate: 1 to 2 months
As such, it takes almost 8 to 12 months for your trademark application status to change to registered. Therefore, it is important for a business to keep an up-to-date view on the status of the trademark application. This will help you to deal with any opposition or rejection in a timely manner.
Once the trademark registration status is approved and certificate is issued, it will stay the same for 10 years post which it can be renewed.
How do I download an Applied Trademark certificate?
Once your trademark application has been acknowledged you can use the TM symbol for your business. Here are the steps to download applied trademark certificate:
Steps to download Applied for Trademark certificate:
- Visit the official website of the Intellectual Property India
- Log in to your account with your credentials
- Go to the Trademark Application status section and check to view status
- Download the official acknowledgement certificate that functions as a temporary proof of your application
Steps to download Trademark registration certificate:
- Visit the Intellectual Property India website to commence the process
- Log in using the credentials for your trademark account
- Search for your trademark using the registration number
- Download the official certificate once you find your trademark in the registry
Priyanka is a seasoned content marketing professional with more than 6 years of experience crafting various forms of business and technology sector content. Her insightful writing tackles critical issues faced by small-scale manufacturing businesses. Priyanka’s clear and concise communication empowers businesses to make informed decisions and thrive in today’s dynamic business environment.
Trademark registration is not easy and it takes time, but it is good for a established business. Recently Haldiram’s case study was in buzz as an example of trademark issues. Well, I have applied 2 weeks ago and my legal team is chasing to get one.