16 Jun
16Jun

In today's world of startups and innovation, trademarks are more important than ever. A trademark safeguards your brand identity by giving it legal protection. It prevents competitors from copying your brand name or products. But simply filing an application isn't enough. Regular trademark status checks are crucial to ensure everything goes smoothly. This article will explain both the trademark application process and how to check your trademark status in India.

What is a Trademark?

A trademark is an intellectual property right that gives a unique legal identity to a product, service, or brand. It can be a symbol, logo, design, word, phrase, or even an expression. Businesses, individuals, and legal entities can all own trademarks. In simpler terms, a trademark is a legally recognizable symbol that distinguishes your products or brand from others.

What is a Trademark Application Number?

When you apply for a trademark, you receive a unique application number. This number allows you to track the progress of your application on the trademarks registry website. Be sure to keep your application number handy, you'll likely need it to check your trademark status.

How to Apply for Trademark Registration

The trademark registration process involves two main steps: searching for an available trademark and filing an application. Here's a breakdown of the process:

  1. Search for a Unique Trademark: First, conduct a trademark search to make sure the trademark you want is available and not already in use. Identify the class your product belongs to according to the trademark classification system.
  2. Fill the Application Form: There are two main forms used for trademark applications. Form TM-1 is for applications in a single class and has a fee of Rs.3500. Form TM-A is used for applications in multiple classes.
  3. Examining the Brand Name: The trademark registrar will then examine your application to ensure it meets the established protocols and standards.
  4. Check Trademark Application Status: The examination and approval process takes time. It's important to check your trademark application status regularly.

Understanding Trademark Application Status

There are various status your trademark application may go through. Here are some of the common ones:

  • New Application
  • Sent to Vienna Codification
  • Formalities Check Pass/Fail
  • Marked for Exam
  • Objected
  • Refused or Abandoned
  • Advertised Before Accepted
  • Accepted and Advertised
  • Opposed
  • Withdrawn
  • Registered
  • Removed

Why Check Your Trademark Status regularly?

Regularly checking your trademark application status is vital to avoid delays, wasted resources, and potential legal issues. Here's why:

  • Take Timely Action: Checking your status allows you to address any problems promptly.
  • Ensure Legal Compliance: Periodic checks help confirm that all legal formalities are completed and fees are paid.
  • Monitor for Misuse: Checking your status lets you identify and challenge any unauthorized use of your trademark.

How to Check Your Trademark Application Status in India

Here's are some steps how to check your trademark application status in India:

Step1: Visit the official website of Intellectual Property India.

Step 2:On the left side of the webpage, click on "Trademark Application/Registered Mark".

Step 3: Select the option "National/IRDI number" on the following page.

Step 4: Enter your trademark application number and the captcha code.

Step 5 : Click on "View" to see your trademark application status. This page will also display details like applicant information, application date, and trademark details.

By following these steps, you can ensure your trademark application process runs smoothly and your brand is protected. 

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