Check Trademark Status
Going for trademark registration becomes important for every company, and it also prevents the copying of your product. It will also prevent the misrepresentation of other products with your mark. In short, it ensures that trademark registration maintains the uniqueness of the brand. There are other benefits of trademark registration as well which will be highlighted here.
A trademark is not like a patent; A trademark expires ten years after registration. As long as you continue to renew the trademark, it will not expire and is protected under the protection of the Act.
Once you have registered your company for a trademark, you can easily track its status. Let us understand the process of trademark registration, and how you can check the status of a trademark.
Trademark Registration Process:
Begin with choosing a trademark - First, you need to choose the right trademark position that will represent your company. For this, you need to identify which category your product belongs to. There are a total of 45 classes of goods and services.
Check Availability – The next important thing that you have to check is the availability of the trademark. You have to see that the trademark you want is not taken by someone else. You can do it yourself or you can take the help of legal services for the same.
Start filling out the Application Form - You can apply for the "A" Category. This means that the trademark will be registered for a specific class and for this you will have to fill out Form TM-1. For this, you have to pay Rs. 4,500.
The second way is to apply for international trademark registration in different classes or collectively. For this, you have to fill TM-A form. It allows you to register a trademark under more than one class.
Note: While filling out the form, you must ensure that there is no mistake so that the approval of registration is not delayed.
Once you fill out the application form, you can submit it online, or you can also submit the application form at the registrar's office located in major cities like Kolkata, Mumbai, Delhi, Ahmedabad, and Chennai. It takes 15-20 days to get the receipt of acknowledgment of the application form. But if you do the online submission, you will get the receipt instantly. Thereafter, business owners can begin using the Trademark™ symbol next to their brand name.
Brand name checking process: After the dispatch of the application form, the registrar will check whether the applicants have followed the standard protocols laid down by the government.
Publication of your brand name: Once the Registrar has assessed and approved your application, the trademark is published. The next important aspect of trademark registration is that after publication there should be no opposition within 90 days from the date of publication. If there is no opposition, it means that the applicant's brand name is headed for acceptance.
Issuance of a trademark certificate: If there is no objection to the trademark for 90 days from the date of issue of the certificate, the Registrar will issue a trademark certificate. This certificate is valid for a period of 10 years.
Check Trademark Status
Once the applicant has successfully applied, one can check the registration status. The following procedure defines the same:
Start with logging in to the official website of the Trademark Registry, or click on this link IP India
After logging on, you will see various options on the left-hand side, click on the first tab which shows 'Trade Mark Application/Registered Mark'. After this, you will get two options but the applicant has to select the National IRDI Number
Here you have to add the trademark application number and enter the code and click on the view tab
After clicking on this link, the applicant can view the complete status of the trademark registration, and various trademark statuses.
We have listed some of them below:
New Application- This status appears when the registration office has just received the application form.
Marked for Examination- After the preliminary round of evaluation, if one sees 'Formalities Check Passed', it means that the Trademark Examiner will examine the documents so that due diligence can be completed.
Objection- This trademark status is assigned when the examiner has raised some objections to the registration status. The applicant must respond to this within one month of the issue of the position. If the reply does not come within the stipulated time limit, the application will be rejected.
Withdrawn- If the applicant has opposition status, then the applicant can contest the case, or else he can withdraw the trademark application.
Registered- If the trademark registration status mentions Registered, it means that the application has cleared all the stages of inspection, and has been accepted, the status will appear as Registered.
Formalities Check Fail- The next status one can see is the formality check failed. This status appears when there is some problem with the documentation of the trademark registration. Lack of clarity in the documents could be a possible reason for this.
Rejected or Abandoned- This status appears when the Registrar is not satisfied with the response to the show cause hearing or inquiry report.
Advertised Before Accepted- This status appears when the Registrar is not convinced of the nature of the trademark.
Accepted and Advertised- It means that the Registrar has accepted the trademark and can now get the entry in the Trademark Journal.
Opposition- After the trademark is published and advertised the general public is given 3-4 months to respond to it. If there is no objection during this time, the applicant can use it. However, if there is a conflict, then the trademark is described as in conflict.
Canceled- If the applicant does not use the trademark continuously for 5 years, then it is removed from the Trademark journal.
Source: trademark registration
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