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A fter filing a trademark application, on an average, it takes at least 13 months to get
registered with the Trademark Registry of India. By this time, the application goes through
multiple stages which are reflected on the website. That particular stage of application is
indicated, every time the trademark application is updated against the application
number. A trademark application goes through various stages of scrutiny before it is
registered. It is important that the applicant is aware at what stage trademark application
is in, as some action may be required to take depending on the status. Also, any objections
or notifications regarding the registration will be shown online.

This article explores what each of the statuses means.

1) New Application: This means that the application has been filed or entered into the
database of the trademark registry. This is the first step after which the trademark
application will be processed.

2) Send to Vienna Codification: It is one of the initial stages of the trademark registration
process where the status in the Trade Mark Registry website shows as ‘Send to Vienna
Codification’.
 As a part of the trademark registration process, any trademarks including symbolic
elements/logo is assigned a Vienna Code by the Indian TradeMark Registry.
 The Vienna code is assigned based on the nature of the figurative element/logo.
 Vienna codification is done so that trademark searches can be conducted for
artwork/logo.
 Once the Vienna codification is done, the status of a trademark application is usually
changed to Formalities Check Pass or Formalities Check Fail.

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 This status is applicable only to the non-text trademarks. If a trademark contains a
logo, label or artwork, then it is assigned a numerical code. This numerical code is in
accordance with the Vienna Codification.

3) Formalities Check Pass: It is one of the initial stages of the trademark registration
process where the status in the Trade Mark Registry website shows as Formalities Check
Pass.
 At this stage, all the procedural formalities like filling the power of attorney, providing
translation where any document is not in English/Hindi and so on are compiled.
 If all the procedural formalities are properly completed then the trademark status
will reflect as ‘Formality Check Pass’.
 When such basic requirements are not met, the status could be reflected as
‘Formalities Check Fail’.

4) Formalities Check Fail: It is one of the initial stages of the trademark registration
process where the status in the Trade Mark Registry website is shown as ‘Formalities
Check Fail’.
 If some procedural formalities are incomplete or have not satisfactorily complied, the
trademark application status will show as ‘Formalities Check Fail’.
 This could happen in conditions such as non-filing of POA, non-filing of
translation/transliteration when the trademark is not in English/Hindi, filing in the
wrong class, etc.
 At this stage, the reason for the objection should be ascertained by the applicant and
appropriate action should be taken for the application to move forward for
registration.

5) Send Back to EDP: EDP stands for Electronic Data Processing. In a trademark
application, all the documents and data entry are digitized. If there have been some errors

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during data entry that needs to be rectified, the application status shown is, ‘Send Back to
EDP’. This status does not require the applicant to take any steps.
This could also happen in cases where the documents are not digitized properly. The
status would remain as, ‘Send back to EDP’, till the issued are rectified by the EDP Section.

6) Send to PRAS: PRAS stands for Pre-Registration Amendment Section. Any

amendments which have been filed prior to registration such as amendment of proprietor
details, address, specification of goods, etc. are dealt by PRAS Section
Pre-registration amendment section reflects when the applicant has filed an amendment
prior to the registration of the trademark. The amendment may be to the proprietor name,
address or the like.

7) Marked for Exam: Once the formalities are checked pass, the application is then set
aside to commence the first of the several stages in registration, namely ‘Examination of
the trademark’. When the trademark is to be examined shortly, the Trademark Office puts
up the status ‘Marked for exam’, and the trademark application is assigned to an
Examiner. This means that the trademark examiner has taken the application for close
examination. This signifies the beginning of the legal process.
 The trademark application is examined for its eligibility to get registered, under the
various Sections of the Trade Marks Act. The examiner decides if the application
satisfies and overcomes the objections articulated in the Indian Trade Marks Act, 1999
and qualifies for registration, according to the provisions of the Trademark Act.
 There is no definite timeframe adopted by the Trademark Office. It may sometimes
take months together for an application to get examined.
 As far as the status ‘marked for exam’ is concerned, there is no action necessary from
the applicant. The applicant has to wait and look out for the examination report.
 An examination report is then issued either accepting the trademark for publication
or raising objections as to its registrability.

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8) Exam Report Issued/ Accepted: After the examiner conducts the examination, the exam
report is issued. ‘Accepted’ means, the examiner has not raised any objections and that
the trademark will be published in the trademark journal, prior to registration.

9) Objected:

 The examiner can raise objections in the Examination Report. At this stage, the status
reflected is, ‘Objected’.The examination report citing the objections can be viewed in
the Trade Mark Registry website.
 In order to overcome the objections, a written response needs to be filed with the
TradeMark Registry within one month from the date of receipt of the examination
report, failing which the trademark application may be treated as abandoned by the
Registry due to lack of prosecution.
 It is quite imperative that the response to the objections is clear and also
incontrovertibly establishes the distinctiveness of the mark, thereby showing that it is
fit to be registered.
 If the Examiner is not convinced with the written response, the Registrar/Examiner
posts a hearing for allowing arguments to be put forth, in person.

10) Abandoned: If the applicant fails to respond to the trademark registrar within the
stipulated period, the application for the registration of Trademark is abandoned.

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11) Refused:

This means that the application is refused by the examiner, after hearing the applicant’s
response to the adverse examination report.

12) Advertised Before Accepted: The status is reflected as ‘Advertised before accepted’
when the trademark application is advertised or published in the Trade Marks Journal. At
this stage, the application is open for opposition by the third party.This is one of the final
stages in the trademark registration process. Once the trademark is published in the
Trade Marks Journal, a period of four months is given for any third party to oppose the
registration of the trademark. If no oppositions are filed during that period, the trademark
registration certificate is issued within three months, thereafter.

13) Opposed:

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This means a third party has objected to the trademark.The status is reflected as ‘Opposed’
when a third party has filed an opposition to the registration of the trademark. The notice
of opposition is sent by the Registry to the applicant or its agent. In order to contest the
opposition, a counter statement has to be filed within two months, from the date of receipt
of notice of opposition, failing which the trademark application will be abandoned and
cannot be revived.
No extension of time is granted for filing the counter statement, thereafter.

14) Registered:

The trademark application status is reflected as ‘Registered’ when the trademark is

registered under the Indian Trade Mark Registry, and the registration certificate has been

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issued by the Registrar. It implies that the applicant becomes the registered owner of the
trademark and is entitled to use the ® symbol. The registered owner can take
infringement action against the use of any confusingly similar Trademark.
It is to be noted that under the present Act, the registration is valid for 10 years from the
date of application and should be renewed every 10 years before its expiry.

15) Removed:

A trademark can be removed from the Register of trademarks. This may be because of
non-renewal of the trademark.

16) Withdrawn:

When the applicant files the required documents to withdraw the application, the
trademark application status is reflected as ‘Withdrawn’.It is thus, important to check the
trademark application status from time to time.
Further, you can check your trademark application status Click here
Or you can contact us to assist you to find the status of your trademark application.

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