After the successful submission of Trademark application, the user should check for the status of trademark application. While checking for the same there 14 types of Status which are as follows:
New Application
When the status reads ‘New Application’, it means that the application has just been received for further scrutiny. This is the initial stage of the application. It is yet to be checked in detail.
Send to Vienna codification
As soon as your application is filed, it is sent to the Vienna codification in case it contains any elements or a logo. This step helps the trademark registry to conduct a trademark search for logos to check for its distinctiveness.
Formalities Check Pass
This stage of the trademark means that initial documents submitted along with the application are accepted by the trademark registry.
In other words, there are no problems whatsoever with the documents submitted so far.
Formalities Check Fail
If the trademark registry finds any issues or any sort of discrepancies with the documents that were initially submitted along with the application by the applicant, then the status will be read as formalities check fail. This could be due to the insufficiency or lack of clarity in the documents previously submitted.
Marked for Exam
After an initial round of checking, if the trademark receives a ‘Formalities check pass’, it will be sent to a trademark examiner who will scrutinise all the documents as well as the application to ensure the application is complete in all respects.
Objected
Objected : if the trademark has this status assigned to it, it means that the examiner has raised certain objections with regard to the trademark and its registration. In this case, the examination report has to be answered to within a month from its issuance. If the reply isn’t given within the stipulated time, the trademark status shall read ‘refused’.
Ready for Show Cause Hearing
At this stage, examiner of the trademark application feels that he is not satisfied with the arguments presented in the reply to the trademark objection or reply to examiner report .
He offers an opportunity to the applicant to come for the court hearing and explain the significance of the mark to the examiner . The applicant has to respond to this hearing within the given deadline and missing the same will lead to abandoning of the application. It is important that the applicant regularly checks the status of his application
Advertised before Accepted
There are also cases where the trademark status reads ‘advertised before accepted’. This means that the trademark registrar is not yet convinced about the nature of that particular trademark.
Accepted and Advertised
In this stage, the trademark registrar is satisfied with the nature of the trademark and thereby allows the trademark to be registered in the trademark journal as it is distinctive enough to be recognised as a trademark.
Opposed
Once it is advertised and published in the trademark journal, the general public is given a time of 3-4 months to respond in terms of opposition to the trademark. Any such opposition after the stipulated period will not be considered. However, where there is opposition from a third party, the status of the trademark shall read as ‘opposed’.
Withdrawn
Withdrawn once the trademark status reads as opposed. The applicant can choose to fight the opposition case in case the applicant chooses not to fight the case, he/she can voluntarily withdraw the trademark application. The status of the trademark will read ‘withdrawn’.
Registered
Registered once the trademark application is cleared through all stages of inspection and also through the ‘accepted and advertised’ stage, a certificate of registration is issued to the applicant against his/her application by the trademark registry.
At the same time, the status is updated on the website as well.
Refused or Abandoned
In a case where the examiner is not satisfied with the reply to the examination report or even after a show cause hearing, he will stamp the application as ‘refused or abandoned’.
Removed
This status is given to those trademarks which are removed from the register of the registrar of trademark. The reason behind doing so is the renewal of the registered trademark.
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