Indian Trademark status explained
Thousands of applications are filed each day before the Trademark Registry. The Indian Trademark Search Engine trademarKing.in has compiled complete list of trademark status and their explanation which will help you understand your trademark application better.
1) Registered – Your trademark has been registered successfully.
2) Opposed – Trademark Opposed by 3rd Party.
3)Advertised bef acc – Published in the Indian Trademark gazette without user evidence.
4) Under Division – International Trademark Application under pending process
5) Accepted & Advertised – Published in the Indian Trademark gazette with user evidence.
6) Objected – Application has been objected by Registry and awaiting reply to examination report.
7) Marked for Exam – Application is awaited to be scrutinized by the Examiner of Trademarks.
8) New Application – New Application filed in the trademark office and digitised.
9) Abandoned – Trademark not prosecuted. (Sometimes even refusal is posted as Abandoned)
10) Formalities Chk Fail – Translation or Transliteration or minor issues in the trademark application for which Amendment form has to be filed.
11) Stay of Registration – Application has been stayed by IPAB or Indian Court.
12) Formalities Chk Pass – Application filed correctly without issue.
13) Refused – Application is refused due to non-distinctiveness or other grounds of refusal.
14) INVALID – Application has not received any fees.
15) Withdrawn – Application have been withdrawn by the applicant himself.
16) Send Back to EDP – Application has been sent back to section to properly data entry or digitize the application.
17) Send to PRAS – Pre-Registration Amendment section. If you have filed any amendment to your application PRAS will deal amendment to your application.
18) ABA/Readvertised – Advertised before Acceptance and published in Journal
19) Rectification Filed – Rectification petition filed to registered trademark by 3rd party to remove as registered trademark.
20) Allowed – Trademark Application allowed to be published in Trademark Gazette.
21) New Application Received – New application filed Physically before the Registry Office and still not digitised.
22) Opposition Abandoned – Opposition has not been prosecuted.
Advertised in Trademark Journal
24) Forwarded to Govt – Unknown.
25) Under Rule 56 – Application order date has been fixed.
26) Hearing Fixed – Application hearing date has been fixed.
27) Acceptance Withdrawn Process – Unknown
28) Accepted – Trademark accepted to be published in the trademark gazette without evidence.
29) Send To Vienna Codification – If Application contains logo or figurative elements then it’s data has to be sorted as per Vienna codification.
30) Exam Report Issued – Application has been accepted or other comments from the examiner of trademarks.
31) Cancelled – Trademark has been cancelled.
32) Accepted/Readvertise – Accepted with user proof and evidence.
33) Set for Hearing – Application has been posted for hearing.
34) IR Cancelled – International Trademark Application has been cancelled.
35) Protection Granted – International trademark application has been registered in India.
36) Sent Back to Examiner – After filing amendments to application it will has to been marked for exam.
37) Removed – Registered Application has been removed for non-renewal.
38) Appeal – Appeal pending before the IPAB on order of the examiner.
39) Opposition Dismissed – Opposition filed by the 3rd Party has been dismissed.
40) Review – Review petition filed after an order is passed by the Registry.
41) Gone to court – Application in dispute before court.
42) Split – Unknown.
43) Opposition Withdrawn – Opposition by 3rd Party has been withdrawn.
44) Opposition Time Barred – Opposition cannot be filed further due to 4 month time limit.
45) Fresh After Payment
46) Adjourned – Hearing have been posted on another date.
47) Send to Re-Advertised – Application set to be re-advertised after opposition dismissed.
Requirements for filing a trademark application :
1) The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
2) If the applicant is a company, the country or state of incorporation.
3) A list of goods and/or services for which registration is required.
4) Soft copy of the trademark to be registered.
5) If the mark contains or consists of non-English words, a translation of those words into English is required.
6) If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, a certified/notarized English translation is also required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application. A copy of the priority document can be submitted within 1 month from the filing date of the application.
7) Date of first use of the trademark in India, if at all used
8) Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.