How to check trademark status?

by varun · Published January 23, 2021 · Updated December 24, 2021

A trademark is a asset created by a firm over a period of time. It protects brand from being infringed or misused by other firms. It is crucial to register a trademark against your product or service for future use of the same without any risks. Trademark search is an important activity within a trademark registration process. A trademark is registered after fulfilling conditions laid down by concerned authorities. However, it is equally important to know about trademark status on your application so that you can act on the same.

It is advised to continuously checking trademark status on portal to get regular updates on different status. Some status would require and immediate action on part of the applicant while in some cases, no action would be required. To get a trademark registered quickly, a regular follow-up need to be taken with trademark authority. Trademark status can easily be checked from official IPIndia website.

How to check trademark status?

Step 1 – Login to the official trademark registry

https://ipindiaonline.gov.in/eregister/eregister.aspx

Trademark status

Step 2 – National IRDI number

After login in to official portal, you would see tab “Trademark application/Registered trademark”. You nee to click on it, this would follow with two search options on the screen. Option with National IRDI number need to be selected.

Step 3 – Enter trademark application number

You need to enter your trademark application number that you have received during trademark registration. A Captcha code is also required to be entered correctly for security purposes.

trademark status

Once, you enter your trademark application number, portal would display your trademark application status. Let us look at different statuses and meaning of each of them.

Trademark status and their meaning

New application – This status means that application for trademark has just been received by examining authority and no scrutiny has been done for the application. Applicant should visit portal after few days to get updated status on his trademark application.
Formalities check pass – This status is also given during initial stages of trademark application submission. 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”. This usually arises due to either insufficient or unclear documents submitted during trademark application. This defect can easily be avoided by hiring activities of external professional firm or vetting documents thoroughly before submission for any discrepancies.
Send to Vienna Codification – Vienna codification is an international accepted standard for logos and its classification. This trademark application 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 trademark application has been sent to trademark examiner who is a inspecting authority for the same. He will scrutinize application and documents more thoroughly and will display his recommendations thereafter.
Objected – This trademark status conveys that trademark examiner is not completely satisfied with trademark application. He has raised his concerns or objections to be clarified by applicant. This usually happens due to lack of or incomplete trademark search and hygiene maintenance. Applicant need to make sure that he replies to objections raised by trademark registry within a month. Applicant should make sure that he mitigates all objections raised by trademark examiner in a objective manner. Moreover, If no response is received within 30 days then trademark status would be changed to “Refused”.
Exam Report issued – This trademark status means that either application has been accepted or other objection has been raised by trademark examiner after receiving response from applicant which was unsatisfactory.
Ready for show cause hearing – Trademark examiner would conduct a hearing after a response has been received from trademark applicant.
Refused or Abandoned – If trademark examiner is not satisfied with response of applicant even after a show cause hearing then he would refuse trademark application. This trademark status can also occurs if response to objection is not received within 30 days of raising it.
Advertised before accepted – When trademark registry is not satisfied with nature of trademark then it would issue “Advertised before accepted” status.
Accepted and advertised- If trademark registrar is satisfied with content as well nature of trademark then this status would be issued.
Opposed – A trademark is published on trademark journal and general public is given a period of 4 months to oppose a trademark. If an opposition received from general public within 4 months then trademark status would be changed to “Opposed”.
Withdrawn – Once the opposition to trademark has been received, applicant can fight the opposition or withdraw application. If he choses to withdraw trademark application and status would be changed to “withdrawn”.
Registered – Once trademark application passes through all stages including opposed as well as accepted and advertised, trademark would officially be registered under trademark registry and a trademark registration certificate would be issued to trademark holder. This certificate remains valid for a period of 10 years and can be renewed by trademark holder.
Removed – If a trademark is not used for more than 5 years or trademark is not renewed within stipulated time. Then, trademark can be removed from trademark journal.
Invalid – Application fee is not received by trademark authority along with trademark application.
Send back to EDP – This trademark status means that there has been inadequate data entry or wrong data entry in application.
Send to PRAS – PRAS stands for Pre registration amendment section. If you have filed for any amendment in your trademark application then this status would be shown,
Under Division– International Trademark Application under process.
IR Cancelled– International Trademark Application cancelled.
Protection Granted– International Trademark Application registered in India.
Appeal – This trademark status means that appeal is pending before IPAB( Intellectual property appellate board) on the order of examiner.
Review – Applicant can file review petition against adverse decision taken by trademark examiner.
Gone to court – When trademark application is pending before court and no decision has been taken yet on the case.
Stay of Registration– Application has been stayed by IPAB or Indian Court.
Opposition Withdrawn– A period of 4 months is given to general public for opposing a trademark advertised on trademark journal. This trademark status means that opposition filed by Third Party has been withdrawn.