Trademark application status online

By trademark registration an individual/company/firm is granted protection of their brand name across Pan India i.e. no other person can use that registered or applied mark and logo in their products and services and if done than it will result in trademark infringement. With the commencement of trademark rules, 2017 there is a drastic change in working of the trademark office in terms of transparency and the procedures have also been simplified a little bit, online trademark filing and tracking your trademark application status online has become quite easier as compared to earlier cumbersome process of physical filing of the trademark.

Types of trademark application status online

Vienna Codification: This is the first stage where the logo registration of the applied trademark is check with already registered similar/identical logo’s.  Once the trademark registration application is filed with the trademark office you can use your TM symbol on your products.

Formalities check pass/fail: If the basic details and the attachments are correct then the trademark application is marked as formalities check pass, and if not it will be shown as formalities check fail and has to be removed by filing form TM-M

Examination report issued: If any objection is raised by the registrar under section 9 and/or section 11 of the trademark act, 1999, or any goods/services description has to be altered then a examination report is issued by the registrar, of which reply needed to filed within 30 days from the date it has been issued.

Ready for show cause hearing: If the registrar is not satisfied by the averments made in the reply, then a notice for trademark hearing is issued under which the proprietor himself or through Trademark agent or/ trademark attorney has to appear before the concerned registrar and put up his defense. If in the hearing the registrar accepts the defenses, then the trademark gets accepted and published in the trademark journal, but if not, then the trademark gets abandoned.​

Public Opposition: Once the trademark is published in journal, for 4 months it remains in public domain for their objections and any proprietor of the registered similar/identical trademarks under the same class can raise objection and file a trademark opposition. Once you have received opposition from public, then a notice of opposition is send to you by the registrar and again a reply along with evidences has to be filed.

Steps of traking trademark application status online

1. Open website www.ipindia.gov.in and click on “Trademarks” as displayed on the navigation of the website.

• Under the heading trademarks you will find 4 sub-headings displayed, which are:-
• Comprehensive efiling services for trademarks
• Public Search
• Trademark Status
• World Intellectual Property Organization

2.  Click on the trademark status, where you will find a heading on left side “Trademark Application/Registered    Mark”.

3.  Click on that and select option National/IRDI Number and enter your application number and captcha, and you can see the current status of your trademark application.

How to do trademark search online

Trademark search is a very tedious work, as it not only requires lot of hard work but also a thorough understanding of trademark act and trademark rules, 2017.

1.  Open website www.ipindia.nic.in and click on “Trademarks” as displayed on the navigation of the website.

• Under the heading trademarks you will find 4 sub-headings displayed, which are:-
• Comprehensive e filing services for trademarks
• Public Search
• Trademark Status
• World Intellectual Property Organization

2.  In public search, a trademark can be searched by entering the brand name along with the class, in which it is to be registered. The class details you can find on the top of the public search page.

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