Trademark Registration Status and their meaning
Contents
Different Trademark Registration Status and Their meaning
Trademark Registration process in India makes a trademark application go through different stages before getting registered.
1. Exam Report issued:
Examination report issued means a query has been raised by the registrar. Post which the trademark application gets examined for formality check pass and formality check failed.
2. Formality Chk Pass:
A Trademark Application gets a formality check pass if the trademark registry is satisfied with the basic documents submitted like the POA when trademark application has been filed through a trademark agent.
3. Formality Chk Failed:
When the trademark registry is not satisfied with the fulfilled basic requirements in that case the trademark application gets a “Formalities Chk Fail” status.
4. Marked for Exam:
This is a stage post formality check pass. In this stage, the trademark examinee examines the trademark application to see if they need to raise any objection or not.
5. Trademark Objected:
A Trademark gets objected when the trademark registry raises any objection on the trademark application due to various reasons like proposed trademark name’s similarity with the existing one, etc.
6. Abandoned:
A trademark application gets abandoned if the trademark applicant/trademark attorney/ trademark agent fails to do the requested formalities (like filing a reply, appearing for the hearing, etc.) within the given timeframe.
7. Accepted & Advertised:
The trademark registry accepts and advertises the trademark application on a trademark journal for 4 months to allow public at large to file any opposition if they see any similarity between the published trademark wordmark and their existing trademark.
8. Opposed:
Once the trademark application is free from all the objections and accepted by the registrar, the trademark application gets published in a trademark public journal for 4 months for public at large to file opposition if they see any similarity between the published trademark application and their own trademark.
9. Registered:
Trademark Status “Registered” means the trademark is already registered with the trademark registry.
10. Refused:
A trademark gets “Refused” when the trademark applicant/ trademark attorney/ trademark agent fails to satisfy the registrar with their evidences to support their trademark application request. Hence, a trademark is assigned with a Refused status. In the case of trademark request refusal, if the trademark applicant/ trademark agent/ trademark attorney is not satisfied with the decision then they may also challenge the trademark registrar’s decision by filing a petition.
11. Withdrawn:
A trademark gets withdrawn status when the trademark applicant/ trademark agent/ Trademark attorney files a request to withdraw the trademark saying that they don’t wish to apply for the applied trademark anymore.
12. Removed:
A trademark gets removed from the trademark registry by the trademark registrar is the trademark applicant fails to renew their trademark application within the given timeframe. A registered trademark is valid for 10 years from the date of trademark application. Trademark registry starts sending reminders to the trademark applicant for trademark renewal from the starting of the 9th If even after various trademark renewal reminders, the applicant doesn’t file a renewal request then registered trademark gets removed.
13. Rectification Filed:
Trademark registry allows trademark applicant or trademark holder to request changes in the trademark like Changes in office address, email ID etc. If any such changes are requested by the trademark applicant then the trademark application is given “Rectification filed status”.
14. Protection Granted:
In some of the cases, Trademark applications are given “protection granted status” which is usually seen in trademark applicant from outside India. This status specifies that the trademark applicant has been given protection to use the requested trademark.
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