Online trademark registration in India has made it easier and more transparent to file a trademark. After a trademark has been used for five years in a row, it can be declared indefensible. Before a trademark can be registered, it goes through a lot of different checks. If you want to know about these stages or statuses, read on!
If you read this article, we’ll also explain what trademark status means and what you need to do to make trademarking go smoothly.
The application for a trademark has been added to the database.
Status: Send To Vienna Codification
This step is only for a non-text trademark application that includes a logo or piece of art. People who want to trademark something get a Vienna code when they do. This code is for things like symbols and logos. The registry does the Vienna codification process, which allows trademark searches for logos and art to be done. After this process is done, there is still a long way to go in the registration process. There will be an examination, formalities check, a public warning, and finally, the registration will be done.
Status: Formalities Check Passed
It says “Formalities checked passed” on the Indian trademark registry website when all of the basic requirements for registering a trademark have been met, which means that the status says “Formalities checked.” In this step, the trademark registry makes sure that everything is in order. This includes things like:
Whether the correct translation or transliteration has been submitted, if necessary.
Whether or not the POA has been added (if filed through an agent)
In the event that these basic requirements are not met, the status information is shown as “Formalities chk fail.” After this process is done, the trademark application goes through a substantive review. There are two sections in the Trademark Act that can be used to make a complaint at this point: Sections 9 and 11.
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If the examiner or registrar says there are problems with your trademark application in the report, the status of your application will say “Objected.” Under Sections 9 and 11 of the Trademarks Act, the examiner or registrar can make a complaint about the application after it has been looked over.
A trademark that is too descriptive, laudatory, or shows how good or bad a product or service is is likely to be objected to under Section 9 of the Trademark Act.
To show that the trademark is unique and doesn’t fall into any of the above-mentioned categories is important to show that it is unique and doesn’t fall into any of the above-mentioned categories. This objection can also be avoided if the trademark has become unique because of its long use. For this reason, it is necessary to submit a user affidavit with strong evidence that shows that the trademark has become more unique over time.
This was in brief about Trademark Registration Status.