Once the Trademark Application is filed by the Applicant, it takes an estimated time span of 6 to 12 months for it to get registered. In between the process, the Trademark application goes through several stages and the status of the application can be traced by an Applicant online. Whenever the Application status is updated against an application number, it clearly depicts the stage at which an application stands out. It is very important for an Applicant to have knowledge about the status of the application because at certain stages a Trademark Application requires certain actions from the Applicant or its Attorney/Agent to ensure expedited registration.
Stages of Trade Mark Filing
The very first stage provided to an application is the “New Application” that solely represents that a new application has been received for further review. This stage marks the beginning of the Registration process.
Under this step, an application is sent to the relevant Vienna Code on the image characters of the device mark. This status is only applicable to the non-text Trademarks. A numerical code is assigned to the Trademark containing a logo, label or an artwork according to the Vienna Codification.
A Trademark Application Status gets updated to “Formalities Check Pass” when the Trademark Registry accepts all the relevant documents along with an Application and the Registry does not find any issues with the documentation provided by the Applicant.
An application status gets updated to “Formalities Check to Fail” when the Trademark Registry identifies any flaws or irregularity in the documents provided by the Applicant along with the Application
Once a Trademark Application attains a status of “Formalities check pass”, it will be submitted to the Trademark Examiner. In furtherance to which, Trademark Examiner will conduct a proper examination of the Application along with the documents in order to verify its completion. During this process the Application Status will be reflected as “Marked for Exam”
An application status gets updated to “Objected” if the Examiner conveys his concern about the Trademark and its registration. The Examination Report is generated by the Examiner and a reply to it must be given within 30 days by the Applicant or by the Attorney authorized by the Applicant. Non-filing of reply within the stipulated time shall lead to the Application being abandoned by the Registry.
An application status gets updated to “Refused or Abandoned”, if the Examiner expresses his dissatisfaction with the reply to the Examination Report submitted by the Applicant.
In certain circumstances, a Trademark Application Status displays as “Advertised before Accepted” and this signifies that the Registrar is still in doubt regarding the nature of a Trademark.
An application status gets updated to “Accepted and Advertised”, if the Registrar gives confirmation to the nature and uniqueness of the Trademark and authorizes it to be registered in a Trademark Journal.
An Application Status will be reflected as “Opposed” when an Opposition has been raised by the third party within 4 months after the Trademark is announced and published in the Trademark Journal.
An Application Status will be reflected as “withdrawn” when the Applicant decides not to proceed with such legal proceedings or voluntarily withdraws the Trademark Registration Application.
Registration Certificate is provided to the Applicant by the Trademark Registry once the application has been approved through the stage of “Advertised and Accepted”. At this point, the status will be updated to “Registered”.
An application status gets updated to “Removed” if the Trademark owner does not use his Trademark for five years following the issuance of Registration Certificate. Under such circumstances the Trademark Registry withdraws that particular Trademark from the Trademark Journal.
A registered trademark stays valid for 10 years from its registration date post which it needs to be renewed. A Trademark registry provides a renewal time window of six months before the expiration of the registered trademark and during that duration the status of such trademark is reflected as “Renewal Due”.
An application status gets updated to “Rectification Filed” when the third party files the rectification application to remove the Trademark Application from the Trademark Register.
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