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Trademark application status, explained
The status shown on the Indian Trade Marks Registry's website can be hard to read. Here is what each common status means, and what you may need to do.
| Status | What it means | What to do |
|---|---|---|
| New Application | Filed and given an application number. It waits for the Registry's first checks. | Nothing yet. You may use ™ with the mark. |
| Send to Vienna Codification | For marks with a logo or design. The Registry codes the picture elements so that the logo can be searched. This is a routine step. | Nothing. It moves on by itself. |
| Formalities Chk Pass | The application has passed the Registry's check of forms, fees and documents. | Nothing. It waits for examination. |
| Formalities Chk Fail | Something formal is missing or wrong, for example the authorisation (TM-48), a translation or a document. | Correct the defect within the time the Registry gives. Contact your filing professional at once. |
| Marked for Exam | The application has been sent to an examiner. | Nothing. An examination report usually follows. |
| Objected | The examiner has issued an examination report raising objections, for example that the mark is descriptive or similar to an earlier mark. | A written reply must be filed within one month of receiving the report. If no reply is filed, the application can be treated as abandoned. |
| Ready for Show Cause Hearing | The examiner was not satisfied by the reply and has listed the application for a hearing. | Prepare for the hearing and attend on the date given, or ask for an adjournment in time. |
| Accepted | The examiner has accepted the application. It will be published in the Trade Marks Journal. | Nothing. Wait for publication. |
| Accepted & Advertised | The mark has been published in the Trade Marks Journal. Anyone may oppose it within four months of publication. | Wait for the four months to pass. A watch on your own mark is useful at this stage. |
| Advertised before Accepted | The mark has been published before final acceptance. The Registry can do this in some cases; the opposition period still applies. | As for Accepted & Advertised. |
| Opposed | Someone has filed a notice of opposition against your mark. | A counter-statement must be filed within two months of receiving the notice. If it is not filed, the application is treated as abandoned. Act at once. |
| Registered | The mark is registered and the certificate is issued. You may now use ®. | Keep the certificate safely. Renew every 10 years from the filing date. |
| Refused | The Registrar has refused the application. | There are time limits for seeking a review or filing an appeal. Speak to your filing professional promptly. |
| Abandoned | The application has been treated as abandoned, usually because a reply or counter-statement was not filed in time. | Restoration may be possible in some cases if you act quickly. Speak to your filing professional. |
| Withdrawn | The applicant has withdrawn the application. | None, unless the withdrawal was a mistake. |
| Removed | A registered mark has been removed from the register, for example because it was not renewed. | If it was removed for non-renewal, restoration may be possible within a limited time after expiry. |
General information only, not legal advice. The exact wording on the Registry's website can differ, and deadlines run from the date you receive a document. If your status shows an objection, opposition, refusal or abandonment, contact your filing professional at once.