How to Check Trademark Status Online?

A trademark is one of the most valuable intellectual property rights for businesses and individuals all over the world. It offers legal protection to brand names, logos, slogans, and other unique identifiers. In India, trademarks are essential for setting brands apart from one another. It guards protection against illegal use of the registered trademark and guarantees brand exclusivity. However, simply applying for a trademark is insufficient. Monitoring its progress is necessary to avoid unnecessary delays and fast registration. The Ministry of Commerce and Industry’s Controller General of Patents, Designs and Trademarks (CGPDTM) is in charge of the trademark registration procedure.  The Trademark Status Check helps applicants stay updated on the progress of their application and take necessary steps when required. The Indian Trademark Registry provides an easy-to-use online system for businesses, and individuals can effortlessly track their trademark applications.

In this blog, we shall understand trademarks, the importance of trademark searches, how to search for a trademark status online in India, what a trademark status is, and the different statuses.

What is a Trademark?

A trademark is a special symbol, design, name, or combination of any denoting a unique product that identifies and distinguishes the source of the goods from one person to another. It is the type of intellectual property that requires protection to safeguard the identity of the brand and to prevent unauthorised use by others.  Whether you are:

• Individual
• Sole Proprietorship
• Partnership Firm
• Limited Liability Partnership
• Private Limited Company
• Foreign Company
• Trust
• Society

Why is Trademark Status Checking Important?

Applying for trademark registration is not the end; you need to search the status of the trademark application as it helps you with:

1. Stay Updated: Once you file your trademark application, it does not get approved immediately. It goes through different stages of review. By checking the status, you can see where your application is and whether it is moving forward.
2. Spot Problems Early: Sometimes, the trademark office might have issues with your application. They might need more information and additional documents if they have some doubts about your application. If you check the status regularly, you can catch these issues quickly and fix them before it’s too late.
3. Avoid Mistakes: If you don’t check the status and something goes wrong, you could miss important deadlines or even end up filing the same trademark application again. Checking the status ensures everything is on track.
4. Protect Your Brand: The faster your trademark is approved, the quicker your brand is legally protected. Regularly checking ensures you don’t run into conflicts with others who might be applying for something similar.
5. Know What to Do Next: Knowing where your application is in the process can help you plan your next steps. For example, if it is on the verge of being approved, you can start preparing advertisements to promote your brand with confidence.

Different Trademark Statuses in India

Once a trademark application is filed, it goes through various stages. Below are the common statuses and their meanings:

1. New Application: The application has been received by the Trademark Registry.

1. Formalities Check Pass/Fail: This status indicates whether the application has passed initial scrutiny.
2. Marked for Examination: This status shows that the application is under review by an examiner.
3. Objected: This status shows that the examiner has raised objections that need to be addressed.
4. Accepted & Advertised: This status shows that the application has been approved and published for opposition.
5. Opposed: This status shows that the third party has challenged the trademark.
6. Registered: This status shows that the trademark has been successfully registered.
7. Refused: This status shows that the application has been rejected due to non-compliance.
8. Abandoned: This status shows that the application was left incomplete or no response was given to objections.
9. Removed: This status shows that the trademark has been cancelled or expired.

How to Check Trademark Status Online in India?

Checking the trademark status online is simple and can be done online through the IP India portal. Follow the below-mentioned steps:

1. Visit the official Trademark Registry website: https://ipindia.gov.in
2. Click on ‘Trade Mark Application/Registered Mark’.
3. Select ‘National/IRDI Number’ as the search type.
4. Enter your Trademark Application Number.
5. Click on ‘View’ to check the status.
6. The status, along with details of the application, will be displayed on the screen.

Trademark Status Search Checklist

• Check your application regularly: Monitor the status regularly to stay updated on your application.
• Seek help if you get ‘Objected’ or ‘Opposed’: If you see the ‘Objected’ status on your application, it is advisable to consult a professional and expert to address the issue.
• Respond on time: Always reply to notices or requests from the trademark office within the given deadline.
• If ‘Abandoned’, consider reapplying: If your trademark is marked as abandoned, think about filing again or consult an expert.
• Stay alert during ‘Accepted & Advertised’: Watch for any opposition during this stage.
• Follow up on no status change: If nothing changes after a while, follow up with the trademark office or an expert.

Conclusion

A Trademark Status Check is important for all the applicants who have applied for Trademark Registration in India. People in India often misunderstand that applying for a trademark online is the end. Regularly tracking the status of the application can help you avoid unnecessary delays, ensure compliance with legal requirements, and secure the identity of the brand. It allows the applicants to stay informed about their application’s status and progress and take necessary actions when required. Checking status is no longer a challenging task; it can be done quickly through the online portal. The online process makes it convenient for the applicants to monitor their trademarks anytime they want. If there are any objections or opposition, it is advisable to consult an IP professional who can help you through the entire registration process.

FAQs

1. Where can I check my trademark status in India?

You can check your trademark status on the official IP India website: https://ipindia.gov.in. To see the current status, you will need to enter your trademark application number.

2. What does ‘Objected’ status mean in a trademark search?

If your status shows as “Objected,” it means that the trademark office has found an issue with your application. Maybe they think it is too similar to someone else’s trademark, or it doesn’t meet some legal requirements. You will need to respond to this objection before moving forward.

3. How long does it take to register a trademark in India?

Trademark registration in India mostly takes 12 to 24 months. The time depends on whether there are any objections or if someone opposes your trademark. If everything goes smoothly, it might be faster.

4. What if my trademark status shows ‘Abandoned’?

If your trademark status is “Abandoned,” it means you did not respond to the office’s objections or requests in time. Because of that, your application is no longer active. You might need to start the application process again or try to revive it.

5. Can I file a trademark search for free?

Yes! Before you apply, you can do a free trademark search on the IP India website. This helps you see if anyone else has already registered a similar trademark, so you don’t waste time applying for something that’s already taken.

6. What does ‘Accepted & Advertised’ mean in trademark status?

When you see “Accepted & Advertised,” it means the office has approved your trademark and is now published for everyone to see. People can challenge your trademark during this period. If no one objects, your trademark will move closer to final registration.

7. Why is my trademark status not changing?

If your status is not changing, it might just be because the trademark office is still processing your application. These things can take time. Keep checking now and then, and if it takes too long, you might want to ask an expert or the office for an update.