1. VARIOUS STAGES IN TRADEMARK REGISTRATION
Send To Vienna Codification
It is one of the initial stages of the trademark registration process. As a part of
the trademark registration process, any trademarks comprising figurative
elements/logo is assigned a Vienna Code by the Indian Trade Mark Registry. This is
one of the first steps taken by the Registry where the trademark comprises a
figurative element/logo. The Vienna code is assigned based on the nature of the
figurative element/logo. Such figurative elements/logos are codified according to
the Vienna Agreement. Vienna codification is done so that trademark searches can
be conducted for artwork/logo. Once the Vienna codification is done, the status
of trademark application is usually changed to Formalities Check Pass or Formalities
Check Fail.
Formalities Check Pass
It is also one of the initial stages of the trademark registration process.
The Trade Mark Registry usually checks if the basic requirements are met such as:
whether the POA has been uploaded (when filed through an agent) and whether
appropriate translation /transliteration has been filed when the trademark is not in
English/Hindi. When such basic requirements are not met, the status could be
reflected as "Formalities Check Fail".
Formalities Check Fail
This could happen in instances such as non-filing of Power of Attorney, non-filing of
translation/transliteration when the trademark is not in English/Hindi, filing in
wrong class, etc. The reason for the Formalities objection should be ascertained and
appropriate action should be taken for the application to move forward for
registration.
Marked for Exam
The status shows as "Marked for Exam" when the trademark application has been
assigned to an Examiner. The trademark would be examined as to its registrability
under the various Sections of the Trade Marks Act. An examination report is then
issued either accepting the trademark for publication or raising objections as to its
registrability. At this stage, the applicant needs to wait for the examination report
to be issued.
Exam Report Issued / Accepted
The status "Exam Report Issued" or "Accepted" is used by the Trade Mark Registry
to indicate that the trademark application has been ordered for publication in
the Trade Marks Journal prior to registration. This status is used by the Registry
when no objections are raised by the Examiner as to the registrability of
the trademark or when the objections are overcome by way of written submissions
or hearing. No action is required by the applicant at this point unless the application
does not move forward for journal publication.
2. Objected
The status is shown to be as "Objected" when the Examiner raises some objections.
The examination report citing the objections can be viewed in
the Trade Mark Registry website. In order to overcome the objections, a written
response needs to be filed with the Trademark Registry within one month from the
date of receipt of examination report, failing which the trademark application may
be treated as abandoned by the Registry.
Advertised before accepted or Advertised or Accepted & Advertised
This status is when the trademark application is advertised / published in
the Trade Marks Journal. This is one of the final stages in
the trademark registration process. Once the trademark is published in
the Trade Marks Journal, 4 month time is given for any third party to oppose the
registration of the trademark. If no oppositions are filed during the 4 month
opposition period, then the trademark registration certificate is usually issued within
3 months thereafter.
Opposed
The status is reflected as "Opposed" when a third party has filed an opposition to
the registration of your trademark. The notice of opposition is sent by the Registry
to the applicant or its agent. In order to contest the opposition, a counter
statement should be filed within 2 months from the date of receipt of notice of
opposition, failing which the trademark application will be abandoned and cannot be
revived. No extension of time is granted for filing the counter statement.
Send Back to EDP
When there are errors regarding data entry of applications which needs to be
rectified, the application is sent to EDP Section and the status is shown as "Send
Back to EDP". This could also happen in cases where the documents are not
digitized properly. The status would remain as "Send back to EDP" till these issued
are rectified by the EDP Section.
Send to PRAS
PRAS refers to Pre-Registration Amendment Section. Any amendments which have
been filed prior to registration such as amendment of proprietor details, address,
specification of goods, etc. are dealt by PRAS Section.