Trademark status and Trademark registration FAQs

by varun · Published February 1, 2021 · Updated December 24, 2021

In this article, We are going to discuss various FAQs related to trademark registration and trademark FAQs. For detailed FAQs on Trademark search in India, you can check out these links : FAQs on trademark search part1 and part 2.

Q – What are the different steps involved in trademark registration in India?

A – Steps involved in trademark registration in India are –

Search of trademark
Filing of trademark application
Examination of trademark application by authority
Post Examination
opposition from general public
Registration of trademark

Q – What id trademark search?

A – Trademark search is one of the most important steps in trademark registration. It is a part of due diligence to search for a brand name or a keyword that already has not been trademarked by some other firm.

Q – How to file trademark applications?

A – Trademark application can be filed both online as well as offline mode. Trademark applications should be supported with mandatory documents. It is also important to file trademark applications in relevant classes or classes.

Q – Who will examine trademark application?

A – Your trademark application is reviewed by a trademark examiner post filing of trademark application with relevant documents. This examination is done under the guidelines issued under Trademarks Act, 2016. A mandatory examination report has to be sent to the applicant within 30 days of trademark application filing.

Q – Can trademark examiner reject trademark application?

A – Yes, trademark examiner has full authority to reject a trademark application at outset. Examiner can also raise objections in his examination report. Applicants need to reply to these objections within 30 days.

Q – What is a post examination?

A – The trademark authority also known as examiner would usually conduct a hearing after a response has been received by the applicant. This usually takes place when a trademark examiner is not entirely satisfied by a response to an examination report.

Q – How will applicants get to know about trademark status?

A – Post examination, examiner would convey trademark status on IPIndia portal.

Q – What do you mean by advertisement of trademark?

A – Once your trademark has been accepted by a trademark authority then the same trademark would be advertised and published in trademark journal for 4 months. The main aim of advertisement and publication of trademarks is to invite opposition from the general public if any.

Q – What is the time frame for an objection from the general public?

A – General public needs to file an objection for an advertised trademark within 4 months of publication in a trademark journal.

Q – Will registration certificate be issued post registration of trademark?

A – Trademark is registered and trademark registration certificate is issued to applicant if no objection is received from general public within 4 months of publication of trademark in trademark journal.

Q – What is the validity period of trademark registration certificate?

A – Trademark registration certificate is valid for a period of 10 years. Moreover, it can easily be renewed before expiry date.

Q – Can a foreign national register for a trademark in India?

A – Yes, A foreign national can register for a trademark in India.

Q – What are the documents to be submitted by an individual or a proprietor for a trademark application?

A – For complete list, please visit documents required to be submitted by individuals and sole proprietors with trademark application

Q – Which are the different forms needed to be filled for trademark registration?

A – For a complete list of forms required with trademark application, kindly visit this link.

Q – What is the fee for trademark registration?

A – Trademark registration fees vary according to type of application. Trademark application fees vary from Rs 1000 to Rs 10000. Usually fees for online trademark application is lower than physical trademark application.

Q – Is DSC also required with trademark application?

A – Yes, It is required

Q – Is a soft copy of the logo also required?

A – Yes, it is required if you want to trademark a visual image.

Q – What other important documents are required along with trademark application?

A – Important documents for trademark application are-

Translation of words which are not in English
Date of first use of the trademark in India, if at all used
A list of Goods and services for which trademark registration is required.
Signed Form 48
Identity proof of applicant
Address proof of applicant

Q – Which additional documents are required by partnership and LLP firm?

A – Registered partnership deed for a partnership firm and LLP registration certificate and Certificate of incorporation of LLP firm.

Q – Which additional documents are required by partnership and company?

A – Following additional documents are required by a company for IPIndia trademark application –

Memorandum of association (MOA) and Articles of association (AOA)
Board resolution in prescribed format along with certificate of Incorporation (COI).
Identity proof of signatory like voter id card.
Address proof of signatory like Voter ID card, Aadhar etc.

Q – Is power of attorney (POA) mandatory requirement with trademark filing?

A – Yes, POA is mandatory if an application is being filed by an individual other than the applicant. Power of attorney is required to be signed by applicant and notarization or registration is not required.

Q – Where can I check my trademark status?

A – You can check trademark status on the official trademark registry portal.

Q – How to check IPIndia trademark status?

A – Procedure to check IPIndia trademark status is as follows-

Login to official Trademark registry
After login into the official portal, you would see the tab “Trademark application/Registered trademark”. You need to click on it, this would follow with two search options on the screen. Option with National IRDI number need to be selected.
You need to enter your trademark application number that you have received during trademark registration.

Q – What is the meaning of trademark application status “New Application”

A – This status means that application for trademark has just been received by examining authority and no scrutiny has been done for the application.

Q – What is “formalities check pass” and “Formalities check fail”?

A – Formalities check Pass – This status means that documents along with application have been accepted by trademark registry and no defects have been found during preliminary investigation.

Formalities check Fail – If there are any issues with documents and application during initial stages then trademark registry will show trademark application status as “Formalities check fail”.

Q – What these trademark application status mean 1) Send to Vienna Codification 2) Marked for exam 3) Objected?

A – Meaning of these IPIndia trademark status is as follows –

Send to Vienna Codification – This trademark registration status will be displayed if application also contains a logo or a design other than text.

Marked for exam – This status is displayed after “Formalities check pass” status. This means that a trademark application has been sent to the trademark examiner who is an inspecting authority for the same.

Objected – This trademark status conveys that the trademark examiner is not completely satisfied with trademark application. He has raised his concerns or objections to be clarified by the applicant.

Q – Which are other important trademark registration status?

A – Other important trademark registration status are –