Trademark Process and Status | You Should Know

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Are you looking for the trademark process and status of the application?

Read further to know all that can help you with the query.

 

What is a trademark?

A trademark is a unique logo or symbol, or word to represent your enterprises. 

 

What is the procedure to register for a trademark?

To protect your brand name and company's goodwill it is necessary to get the trademark registration. 

The trademark registration process is not a tough task. 



Just follow these few simple steps, as explained below :

 

Step 1: Trademark Research

Finding a suitable unique brand name is a difficult task. Even if you have a unique brand name in your mind, it is always better to do brief research. Many administrators do not understand the importance of a trademark search. Trademark search will help you to know other similar trademarks available in the market. And it provides you with a clear picture of where your unique logo and name stand. And most importantly, it gives you a forewarning of the possibility of trademark litigation. So, it is better to do a trademark search before then getting into any trademark litigation afterwards.

 

Step 2: Trademark Application

After all the brand name analysis, when you decide your brand name or logo, which is unique and not in the Trademark Registry India, you can begin the registration of the same. The initial step is to file a trademark application at the Trademark Registry India. Physically you can register at the Trade Marks Office that depending on the jurisdiction of the trademark. Nowadays, the filing of application forms is online through the official IP India website. Once the application files, an official receipt issues immediately for future reference.

 

Step 3: Review by the government authority

After the filing of the trademark application, the inspector examines it for any errors. So, the examination might take around 12-18 months. Further, this examination report issues within 30 days of the registration application.

The reviewer might accept the trademark, either conditionally or unconditionally. Therefore, it means if accepted unconditionally, it publishes in the Trademark Journal. However, if the application accepts conditionally, the conditions to fulfil for publishing your trademark are in the examination report. 

Also, the applicant has some time to complete these conditions.

 

Step 4: Publication of trademark

Trademark journals publish trademarks so that everyone can read them, and if someone finds any objection to them, they can oppose them. Such trademarks with objections resolve in court for hearings and decisions.

If, after three-four months from publication, there is no objection, the trademark proceeds for registration. 

 

Step 5: Certificate Registration 

A registration certificate under the seal of the Trademark Office issues after the application proceeds for trademark registration, following publication in Trademark Journal.

 

Step 6: Renewal of trademark

Renewing the trademark means extending the time of validity of the registered trademark so that your logo or brand name stays protected. Renewal of trademark is necessary after every ten years. 

 

What is the trademark status?

Trademark status helps the applicant in defining the status of their trademark which means it provides information regarding your application proceedings.

 

Types of Trademark Status:

 

New Application– New Application is submitted in the trademark office.

 

Send To Vienna Codification- the application that contains numerical code such as a logo, or label then its data is assigned as per Vienna codification.

 

Formalities Check Pass- The application has been filed correctly having all procedural formalities.

 

Formalities Check Fail- The application is incomplete or procedural formalities are not fulfilled.

 

Marked for Exam Status in Trademark-The application will be checked by the Examiner of Trademarks.

 

Exam report issued-After the examination of trademark, the report is issued.

 

Objected- The application is opposed by the Trademark Registry.

 

Abandoned- when the applicant does not respond to the registrar, the application is said to be abandoned.

 

Accepted-  it means that the examiner is satisfied with your trademark and has no objection to it.

 

Advertised bef acc- "before accepted" means that your trademark is advertised in the journal and it allows others to oppose it before acceptance of mark.

 

Accepted and advertised-  it is referred to publishing your trademark in the journal for advertisement.

 

Refused- when the examiner is not satisfied with your trademark, they can refuse it.

 

Registered- this status appears after your trademark is fully registered.

 

Removed- when the owner does not renew their trademark, the register of the trademark removes the trademark.

 

Withdrawn- after the applicant voluntarily withdraws their application, the status will show withdrawn.

 

What is the use of a trademark?

After knowing the trademark Process and Status, let us move forward to know the use of it.

  • Trademarks are intellectual property. Therefore, it is important to protect from violation. 
  • Trademarks help in creating brand value for your goods and services. And also help in creating customers for your product.
  • Trademarks can benefit as security to avail loans similar to fixed properties.
  • You can make money by selling, franchising, or assigning your registered trademark. 

 

Who can appeal for registration?

The person who is the owner of the trade, or company, and partnership firms, start-ups, small enterprises, or trusts can apply for trademark registration.

 

What can and cannot be trademarked?

While looking for trademark process and status, it is also crucial to know what marks cannot trademark.

 

A name, product name, business name, surname, logo or symbol, tagline, shape, and packaging of the product can be trademarked.

 

The trademarks which are not registrable:

  • Trademarks comprising of a specific name cannot register. Words that usually relates to a chemical element or chemical compound concerning a chemical substance or preparation cannot register as a trademark.
  • A brand name that already exists or application for registration is given, cannot trademark.
  • A name from a common word in day-to-day life to classify the product cannot trademark. It may include kind, quality, quantity, values, geographical origin, and characteristics. 
  • Trademarks that hurt the public or cause trouble among people cannot register.
  • A brand name that hurts religious beliefs cannot register.
  • Forbidden trademarks from use under the Emblems and Names (Prevention of Improper Use) Act 1950 cannot register. 

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