Overview

Businesses are depending more and more on brand identification in the digital age to set themselves out from the competitors. Whether they take the shape of names, logos, or designs, trademarks are essential resources that guarantee customer recognition and brand protection. However, obtaining a trademark in India necessitates overcoming a number of categorisation and examination phases. The "Send to Vienna Codification" status is one such stage that is frequently misinterpreted.

This status is truly an important phase in the review of trademarks that incorporate artistic or figurative characteristics, despite the fact that it may seem like a procedural complexity. It is a standardised procedure that is essential to guaranteeing that visual trademarks are appropriately categorised and searchable at the national and worldwide levels.

Understanding The Vienna Codification System

Formally known as the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973), the Vienna Codification was created to standardise the way trademarks with graphical or non-text elements are classified. This classification system, which is controlled by the World Intellectual Property Organisation (WIPO), gives particular codes to a mark's visual components, such stars, crowns, animals, or human figures.

India is one of more than 30 nations that use the Vienna Classification system. Regardless of language or script, the objective is to make it simpler to look for and compare trademarks that share comparable visual components.

What Does “Send to Vienna Codification” Mean in India?

Eventually, a status update stating "Send to Vienna Codification" will appear when you submit a trademark application that contains a logo, image, or other artistic element. This just indicates that your application for the Vienna system categorisation of its figurative elements has been forwarded by the Indian Trademark Registry; it does not indicate any objection, error, or delay.

Important things to comprehend:

·       Not a Negative Status: This status is completely procedural and doesn't call for the applicant to take any action or reply.

·       Only Applies to Non-Word Marks: This feature is only present for trademarks that contain stylised elements, graphics, or logos.

·       Internal and Automated Process: The Registry's examiners carry out the codification, which usually doesn't.

Once the figurative element is classified, the Registry moves forward with the formal examination process.

To know more about this you can follow the link below:

Vienna Codification: Why Is It Important?
The Vienna Codification process serves numerous vital functions:

·       Global Uniformity: By standardising the categorisation of visual components, it makes cross-border trademark comparisons and searches possible.

·       Efficient Examination: It facilitates the quicker identification of visually similar marks by trademark examiners.

·       Searchability: Using Vienna codes, applicants and lawyers can look for marks that are similar based on their visual components.

·       Legal Clarity: By distinctly defining a mark's figurative elements, it eliminates uncertainty in trademark disputes.

For example, "03.01.08" (Lions, standing) might be the Vienna code awarded if your trademark features a stylised lion. Potential conflicts or overlaps can now be found by anyone looking for marks with lion figures.

What Takes Place Following This Status?

Following the codification of the figurative elements:

·       The mark moves on to the stage of official examination.

·       It is published for public opposition in the Trademark Journal if no objections are identified.

·       It eventually obtains the Registration Certificate if it is not contested.

During the examination procedure, the applicant is given an opportunity to address any objections.

Conclusion
A standard and essential stage in the trademark registration procedure for marks with visual components is "Send to Vienna Codification." It guarantees that these markings are appropriately categorised and can be found worldwide using a standardised approach. Being aware of this status lessens needless worry about the status of their application and keeps trademark applicants updated.

You can be confident that your trademark is only going through a significant backend classification process if your application displays this status. You don't need to do anything, but it's a good idea to keep an eye on your application and seek advice from a trademark expert if you need it.

Author- Bhavpreet Singh Soni

Co Author - Hritika Malhotra