Trademark Registration

The Process starts with searching the existing registered trademarks with the registry. [Here]

If the professionals strongly believe that, the wordmark may get registered and there will not be any problem, then only we advise to proceed further. Otherwise, the process may become complex and involve judicial proceedings. 

After filing it usually takes 8 to 12 months to complete the process and getting the status as registered. 

During this period, the application passes through several processes. Some of those are listed below. 

• Send to Vienna Codification: The trademarks with contain only words do not pass through this process. But, the marks which contain color, logo, mark, etc need to pass through this process. As it is difficult to find the resemblance of the mark with the registered one, the department takes time in this process. The Vienna code classifies every element into a broad 29 categories.

• Formalities Check Pass: This means that procedural validation is completed. The status will show Formalities Check Fail if it does not pass the validation. 

• Marked for Exam: This means that the registrar has marked your application for checking whether the trademark is eligible for getting registered or not as per the legal provisions of the Trademarks Act. 

• Exam Report Issued: This means that the examiner has examined your applications and it contains the objection raised against your application. 

• Objected: This means that your application has been objected. And applicant has to reply within 1 month of the receipt of the objection notice. 

• Abandoned: If the applicant does not reply to the objection notice within the stipulated time. Then, the application status will be marked as abandoned. 

• Accepted: This means that the application has been accepted by the examiner. 

• Accepted and Advertised: The Trademark department publishes all the applications in a journal published by them. This status means that your application has been advertised in the trademark journal. Objections can be raised here also. 

• Opposed: A third party can oppose the trademark within 4 months from the date of publication in the trademark journal. 

• Registered: This means that the trademark has been registered. 

Apart from these stages, there are several other statuses too.

•  Removed: A trademark needs to be renewed in 10 years. Otherwise, it will be marked as removed. 

• Withdrawn: An applicant can voluntarily withdraw the registration. 

• Refused: If the examiner is not satisfied with the response received, they can refuse the registration of the trademark. 

• Ready for Show Cause Hearing: If the examiner is not satisfied with the response received, they can call you or attorney authorized by you for hearing.