Trademark Registration Process and its various stages

Trademark Registration Process and its various stages

Application Filing :  Status “New Application” indicates that the application has been received and is under process at initial stage.

Sent to Vienna Codification: The Vienna Code Classification is a well-recognized standard for logos and their constituent parts. Based on the type of figurative components in the logo, the Code is given.

Formalities check pass : Passing the formalities check implies that the Trademark Registry has accepted all first or preliminary documents and information provided with the application.

Formalities check fail: The status will reflect “Formalities Check Fail” if the Trademark Registry discovers any problems or conflicts with the documentation and/or information provided by the applicant. This can be as a result of the incompleteness or ambiguity of the previously supplied documents and/or information.

Marked for exam: Following a preliminary review, if the trademark receives a “Formalities Check Pass,” it will be forwarded to a trademark examiner who will carefully review all the supporting documentation and the application to make sure it is complete in every way.

Objected: If the trademark is given this status, it signifies that the examiner has voiced some concerns about the mark and its registration. In this situation, a response must be provided to the examination report within one month after its release. The trademark status will reflect “Refused in trademark registration” if the response is not provided within the allotted time.

Refused or abandoned: The examiner will mark the application as “Refused” if he is dissatisfied with the response to the Examination Report or even after a Show Cause Hearing.

Advertised before acceptance : There are instances where the trademark status is listed as “Advertised before Accepted.” This indicates that the Trademark Registrar is not yet persuaded of the trademark’s identity.

Accepted and advertised: At this point, the Trademark Registrar has approved the trademark’s nature and has granted permission for it to be registered in the Trademark Journal since it is sufficiently distinctive to be identified as a trademark.

Opposed: The general public has three to four months after it is advertised and published in the Trademark Journal to respond with any opposition to the trademark. Any such opposition submitted after the designated time will not be taken into account. The status of the trademark, however, will appear “Opposed” in trademark registration where there is resistance from a third party.

Withdrawn: The applicant may decide to contest the objection once the trademark status is “Opposed.” The trademark application may be voluntarily withdrawn if the applicant decides not to pursue the matter further. “Withdrawn” will be the trademark’s status.

Registered: The Trademarks Registry issues a certificate of registration to the applicant in relation to his or her application when the trademark application has passed all stages of examination and the “Accepted and Advertised” stage. The status is also updated at the same time on the website.