Trademark Status Meaning You Need to Know: Trademark application status is a term that refers to the current state of a trademark application. There are several different trademark statuses in India that can be assigned to a trademark. Each status carries a different meaning and signifies a different stage in the process of obtaining a trademark registration.
Trademark status in India is determined by the Indian Trademarks Registry, which is responsible for registering and protecting trademarks in the country. To obtain trademark status in India, an applicant must file a trademark application with the registry, which includes the required documents and fees.
Common Trademark Status Check in India
Trademark Application Status: One of the most common trademark statuses in India is “pending.” This status indicates that a trademark application has been filed with the Indian Trademark Office and is currently being reviewed for approval. The review process can take several months, depending on the complexity of the application and the workload of the trademark office.
Another common trademark status in India is “approved.” This status indicates that the trademark application has been reviewed and approved by the Indian Trademark Office. Once a trademark has been approved, it can be used in commerce to identify the goods or services of the trademark owner.
Another trademark status in India is “refused.” This status indicates that the trademark application has been reviewed by the Indian Trademark Office and has been denied registration. There are various reasons why a trademark application may be refused, such as if the trademark is too similar to an existing trademark or if it is considered too generic or descriptive.
A trademark may also be assigned the status of “abandoned.” This status indicates that the trademark owner has failed to respond to a request from the Indian Trademark Office or has failed to pay the required fees. In this case, the trademark application will be abandoned and will no longer be considered for registration.
Finally, a trademark may be assigned the status of “registered.” This status indicates that the trademark has been approved and registered with the Indian Trademark Office. Once a trademark is registered, it is protected by law and can be used to prevent others from using the same or similar trademarks.
Complete list of Trademark Status Meaning – You Need to Know
There are several different trademark statuses that a trademark can have in India. In India, a trademark application can have the following status:
What does Trademark status New Application means?
New Application: The trademark status “New Application” means that a person or company has recently filed a trademark application with the trademark office, but the application has not yet been reviewed or approved.
The application is in the initial stages of the trademark registration process and is awaiting further action from the trademark office. The status of a trademark application can change over time as the Indian Trademarks Registry reviews and processes the application.
What does Trademark status Formalities Chk Pass means?
Formalities Chk Pass: Trademark status Formalities Chk Pass refers to the current status of a trademark registration or application. Formalities Chk Pass means that the trademark has passed the formalities check, which is a process where the trademark office reviews the application to ensure that it meets all the necessary requirements for registration.
This includes verifying that the trademark is eligible for registration, that the application is complete and properly formatted, and that the applicant has the necessary legal rights to use and register the trademark. If the formalities check is passed, it means that the trademark has met all the necessary requirements and is ready for review by the trademark office.
What does Trademark status Formalities Chk Fail means?
Formalities Chk Fail: Trademark status Formalities Chk Fail means that the trademark has failed the formalities check, which is a part of the trademark registration process. This may be due to a variety of issues, such as the trademark not meeting the requirements for registrability, the trademark being too similar to an already registered trademark, or the trademark application not being properly completed.
The trademark owner will need to address the issues identified in the formalities check in order to move forward with the registration process.
What does Trademark status Send to Vienna Codification means?
Send to Vienna Codification: The trademark status “send to Vienna Codification” generally means that a trademark application or registration has been accepted and is being processed by the WIPO according to the Vienna Codification system.
This may involve assigning a specific classification code to the trademark based on its visual features and ensuring that it meets the requirements for registration under international trademark law.
The “Vienna Codification” refers to the International Classification of the Figurative Elements of Marks, which is a system used by the World Intellectual Property Organization (WIPO) to classify and organize trademarks based on their visual characteristics.
What does Trademark status Send Back to EDP means?
Send Back to EDP: When a trademark application has a status of “Send Back to EDP,” it means that the application has been returned to the EDP department for further review or processing.
This could be due to a variety of reasons, such as needing additional information or documents, requiring technical or administrative corrections, or needing further review by the EDP team before the application can be approved or denied.
The phrase “Send Back to EDP” likely refers to the Electronic Data Processing (EDP) department.
What does Trademark status Send to PRAS means?
Send to PRAS: The trademark status send to PRAS means that the status of a trademark has been updated and sent to the Public Record of Accepted and Registered Trademarks (PRAS).
This is a database maintained by the government or relevant trademark authority that keeps track of the status of trademarks in the country or region. The update could be related to the approval, rejection, or renewal of the trademark.
What does Trademark status Objected means?
Objected: When a trademark application has a status of “Objected,” it means that the trademark examiner has raised objections to the registration of the trademark.
These objections may be based on various grounds, such as the trademark being confusingly similar to an existing trademark, the trademark being descriptive or generic, or the trademark being against the principles of the trademark law.
The applicant will have to respond to these objections and provide evidence or arguments to overcome them in order to proceed with the registration of the trademark.
What does Trademark status Marked for Exam means?
Marked for Exam: The trademark status “Marked for Exam” means that the trademark application has been reviewed by the Trademark Office and has been selected for further examination.
This means that the Trademark Office will review the application in more detail to determine whether the trademark meets all requirements for registration. The Trademark Office may request additional information or clarification from the applicant during this process.
The trademark status “Marked for Exam” is a normal part of the trademark registration process and does not necessarily indicate any issues with the application.
What does Trademark status Examination Report Issued means?
Examination Report Issued: The trademark status “Examination Report Issued” means that the trademark application has been reviewed by an examiner and a report has been issued outlining any issues or concerns with the application.
The applicant will have the opportunity to respond to the examination report and address any issues raised by the examiner. The trademark will not be registered until all issues have been resolved and the application has been approved by the examiner.
What does Trademark status Abandoned means?
Abandoned: Abandoned trademark status means that the trademark owner has stopped using the trademark and has not made any efforts to renew or maintain the trademark registration.
This may occur because the owner no longer wishes to use the trademark, the business has gone out of business, or the trademark has become generic and no longer eligible for protection. If a trademark has been abandoned, it is no longer considered active and can be used by others without fear of legal action by the original owner.
What does Trademark status Accepted means?
Accepted: When a trademark application status shown as “Accepted”, it means that it has passed all necessary examinations and meets all requirements for registration.
The trademark will be published in the Trademark Official Gazette, which allows any interested parties to oppose the registration within a certain period of time. If no opposition is received, the trademark will be registered and the owner will be granted exclusive rights to use the trademark in connection with the goods and/or services specified in the application.
What does Trademark status Advertised before Acceptance means?
Advertised before Acceptance: Advertised before Acceptance means that the trademark has been advertised in the Trademarks Journal, but it has not yet been accepted by the Trademarks Office.
This is a step in the trademark registration process where the Trademarks Office checks to make sure that the trademark meets all the necessary requirements for registration. If there are no objections to the trademark, it will be accepted and registered.
If there are objections, the applicant may be required to make changes or provide additional information before the trademark can be accepted and registered.
What does Trademark status Accepted & Advertised means?
Accepted & Advertised: Accepted & Advertised means that the trademark application has been accepted by the trademark office and the trademark has been advertised in the Trademarks Journal.
It also means that any third party who wishes to object to the registration of the trademark must do so within a specific timeframe, otherwise they will lose the right to object.
What does Trademark status Ready for Show Cause Hearing means?
Ready for Show Cause Hearing: The trademark status of “Ready for Show Cause Hearing” means that there is an issue with the trademark application and the applicant must provide a valid reason or justification for why the trademark should be granted.
This typically occurs when there are concerns about the trademark being confusingly similar to an existing trademark, or when there are issues with the trademark being descriptive or generic.
The applicant will need to provide evidence and arguments to support their case during the show cause hearing, and the trademark examining attorney will decide whether to grant or reject the trademark based on the evidence presented.
What does Trademark status Refused means?
Refused: The trademark status of “Refused” means that the trademark application has been denied by the trademark office. This can happen for a variety of reasons, such as the trademark being too similar to an existing trademark or not being distinctive enough to be eligible for trademark protection.
If the trademark application has been refused, the applicant may have the opportunity to appeal the decision or make changes to the trademark in order to resubmit the application.
What does Trademark status Opposed means?
Opposed: The trademark status “opposed” means that another party has filed an opposition to the trademark registration. This usually happens when someone believes that the trademark being registered would cause confusion with their own trademark, dilute their brand, or infringe on their rights.
The trademark office will review the opposition and make a decision on whether to allow the trademark registration to proceed or deny it. If the trademark registration is denied, the applicant can appeal the decision or try to register the trademark again with changes to address the opposition.
What does Trademark status Registered means?
Registered: The trademark status “Registered” means that the trademark has been granted legal protection by the relevant trademark office and is now part of the official trademark registry.
This means that the trademark owner has the exclusive right to use the trademark in relation to the goods and services it is registered for, and can take legal action against anyone who uses the trademark without their permission. It also means that the trademark is eligible to be renewed after a certain number of years.
What does Trademark status Removed means?
Removed: The trademark status “Removed” means that the trademark has been removed from the trademark registry. This can happen for a variety of reasons, such as the trademark owner failing to meet renewal requirements, the trademark becoming generic or descriptive, or the trademark being deemed confusingly similar to another registered trademark.
Once a trademark is removed, it is no longer protected by law and can be used by anyone without permission from the original owner.
What does Trademark status Withdrawn means?
Withdrawn: Trademark status withdrawn means that the trademark application or registration has been officially withdrawn by the trademark applicant. Once a trademark has been withdrawn, it is no longer considered a valid trademark application and cannot be used to protect the brand or product.
What does Trademark status Opposition Withdrawn means?
Opposition Withdrawn: The trademark status of “Opposition Withdrawn” means that someone has filed a notice of opposition against the trademark registration, but has subsequently withdrawn their opposition.
This may happen for a variety of reasons, such as the parties reaching a settlement or the opposing party realizing they do not have a valid argument for their opposition. The trademark registration process can continue as normal once the opposition has been withdrawn.
What does Trademark status Invalid means?
Invalid: The trademark status “Invalid” means that the trademark is not legally recognized or protected. This may be because the trademark application was rejected, or because the trademark has been abandoned or cancelled.
In order to gain trademark protection, the owner must go through the proper channels to register and maintain their trademark. If the trademark is invalid, it cannot be enforced against others who may use it without permission.
What does Trademark status Cancelled means?
Cancelled: When a trademark has a status of “Cancelled,” it means that the trademark is no longer valid or recognized by the trademark office or governing body.
This can happen for a variety of reasons, such as if the trademark owner fails to renew the trademark, if the trademark becomes generic or if the trademark owner is found to have engaged in deceptive or fraudulent activities related to the trademark.
Once a trademark has been cancelled, the trademark owner will no longer have exclusive rights to use the trademark and may be unable to prevent others from using it.
What does Trademark status Rectification Filed means?
Rectification Filed: Rectification Filed means that an individual or organization has filed a request to correct an error or issue with a trademark registration. This could include correcting the spelling of the trademark, updating the ownership or contact information, or clarifying the goods or services associated with the trademark.
The trademark status will remain as “Rectification Filed” until the request has been reviewed and a decision has been made by the trademark office.
What does Trademark status Protection Granted means?
Protection Granted: Protection Granted means that an international trademark application has been registered in India and the owner is granted exclusive rights to use the trademark in connection with the goods and services specified in the registration.
What does Trademark status Review means?
Review: The trademark status “Review” means a review petition has been filed after an order is passed by the examiner.
What does Trademark status Appeal means?
Appeal: The trademark status “Appeal” means an appeal is pending before the Intellectual Property Appellate Board (IPAB) on order of the examiner.
What does Trademark status Gone to court means?
Gone to court: The trademark status “Gone to court” means that Trademark Application is in disputed stage before the court.’
What does Trademark status Stay of Registration means?
Stay of Registration: The trademark status “Stay of Registration” mean trademark application has been stayed by IPAB or Indian Court.
What does Trademark status IR Cancelled means?
IR Cancelled: The trademark status “IR Cancelled” mean an international trademark application has been cancelled.
In conclusion, trademark status is an important concept in India as it determines the current state of a trademark application or registration. Understanding the various trademark statuses and their meanings can help trademark owners navigate the process of obtaining a trademark registration in India.
It is important for trademark owners to keep track of the status of their trademarks and to take appropriate action to maintain their registration if necessary.
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