Type of trademark status

Type of trademark status

Introduction:

This emergence of e trademark registration is Mandatory has enhanced trademark filing accountability and efficiency. After Five years of continuous use from the time of official registration, a trademark may be considered unassailable. Before a trademark application can be recognized, it must pass through several rounds of review. Various phases or statuses were described briefly below. Inside this post, we'll also look at the ramifications of various trademark statuses and the actions that each one necessitates for seamless trademarking.

  1. Application Status: The trademark application was recently stored in a database of trademark applications.

  2. Send to Vienna (status) Codification:   This approach refers to the non trademark protection that includes a logo as well as art. If a trademark application includes logo/figurative components, it is assigned a Vienna code at the time of filing. The register is in charge of the Vienna codified method, which allows for logo/artwork trademark searches. Following this, there is still a long way to go in the registration process, which includes an exam, formality verification, public warning, or registrations.

  3. Formalities are checked and passed- Since all of the basic compliance requirements of trademark application are met, the status here on Indian trademark registry website is updated to 'Formalities check pass.' In this step, the trademark registrar verifies the basic formality requirements, such as:

Is not whether an acceptable translation/transliteration has been filed (if applicable).

If indeed the POA has already been uploaded or not (if filed through an agent) the status information is reported as 'Formalities check fail' if these basic prerequisites are not met. The trademark application is next subjected to a substantive examination when this step is completed. Objections can be filed under Sections 9 and 11 of the Trademarks Act of 1999 during this time.

  1. Objection has been lodged.
    The status of your trademark application will be 'Objected' if the examiner/registrar raises objections in the examination report. The examiner/registrar may make objections per Sections 9 and 11 of the Trademarks Act after the application has been evaluated. When the examiner/registrar believes the trademark is descriptive of generics, laudatory, or suggesting the nature or quality of the goods/services, for instance, objections are likely to be made under Section 9.

 

  1. Objected Status: - For solve this obstacle, it is necessary to demonstrate that now the trademark is distinctive and therefore does not fall into any of the categories listed above. That argument can be addressed if the trademark has formed a distinct personality as a result of its widespread use. It is necessary to submit a user affidavit with convincing evidence that the trademark has acquired uniqueness through continuing use for this purpose. Whenever a comparable trademark in similar/identical classes of services/goods is already on record in the trademark registry, the examiner/registrar can file a Section 11 objection. In this situation, the examiner/registrar issues a computer-generated search report containing a list of contradictory marks.

 

  1. Exam Report Has Been Issued: When a trademark application is accepted for publication and is due for publishing in the trademarks journal, the trademark status will show as 'Exam report issued.' This status code denotes whether the trademark has already been approved in the preliminary assessment report or whether the applicant has overcome the objections through a consultation document or a hearing.

 

  1. Refused status: The trademark status at the Indian trademark registry website is 'Refused' if the examiner/registrar declines the trademark application after having heard or reviewing the applicant's answer to an examination report. In circumstances where a third party successfully opposes the registration of a trademark, the trademark status can alternatively be read as 'Refused.' This status can be challenged by filing a petition with the intellectual property appellate board (IPAB) within three months under Section 91 of the Trademarks Act.

 

  1. Adv Before Accepted is the current status- Whenever a trademark registration gets promoted until it is acknowledged by the registrar inside the trademark journal, the trademark condition on the Indian trademark register website will be 'Adv before accepted. 'Such system allowed any third party to file an opposition to the trademark application within four months of the publication date in the journal. When an application is publicised prior to acceptance and no opposition is filed during the time of opposition, the application must be accepted by an Accepting Officer right before the registration certificate is issued. The trademark status changes from 'Advertised and accepted' to 'Registered' once this is completed. This registration certificate is normally given within three months of the expiration of the registration of another party.

 

  1. Opposition status: If a third party files an opposition to the trademark's registration within four months of its publication, the trademark's status on the Indian trademark registry website will be 'Contradictory.'Whenever a comparable trademark is published in the magazine or the trademark is deemed to be non-distinctive, a third party will usually file an opposition.After a notice of opposition is submitted by a third party, the trademark status changes from 'Advertised' to 'Opposed.' That notice, including specifies the grounds for the opposition, is served on the application. The applicant must file a rebuttal statement within two months of receiving the notice of objection. If the register does not receive a counter statement within the specified time frame, the trademark application status is changed to 'Abandoned.'

 

  1. Withdrawn status: If the applicant files a voluntary request to withdraw the application, the trademark will appear as 'Removed' on the Indian trademark register website.

  2. Removed from the list: If a trademark has been deleted from the trademark registry, its status on the Indian trademark registry website will be 'Removed.' Inside the legal sense, the mark is therefore no officially trademarked.

  3. Registration status: Whenever the mark status on the Indian trademark registry website is 'Registered,' it signifies the Registrar has issued the trademark registration certificate. Then after, the registrant now becomes trademark's rightful owner. After then, the applicant can use the ® mark beside the trademark. That under instant Case, trademark registration is valid for 10 years from the date of application. It's important to remember to renew it every ten years before it expires.

  4. Trademark registration is just a time-consuming and intricate method that entails substantial documentation and a boatload of knowledge. This is why, while registering or renewing a trademark, we recommend using the services of trademark experts websites. Do not even wait any longer; hire our staff right away!


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Written by: Kaushiki Keshari