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Trademark applications in India move through a defined sequence of stages, and the Registry shows a status against your application at each one. Those status labels are not self-explanatory, and two of them — Objected and Opposed — are routinely confused despite meaning very different things.
This guide explains what each status actually means and what, if anything, you need to do about it.
New Application
Your application has been entered into the Registry's database. Nothing is required from you at this point.
Sent to Vienna Codification
This applies only to marks containing a device, logo or figurative element. A Vienna code is assigned describing the figurative elements, which is what makes it possible to search for similar logos later. It is an administrative classification step, not an assessment of your mark.
Formalities Chk Pass
The basic filing requirements have been met — for example, that any required translation or transliteration has been filed, and that the power of attorney has been uploaded where an agent is acting.
If something is missing, the status instead shows Formalities Chk Fail, and you should attend to it promptly. Passing this check is not acceptance; substantive examination comes next.
Marked for Exam
Your application has been assigned to an examiner. They check whether the prescribed form has been followed, whether any identical or similar mark exists for identical or similar goods or services, whether the mark is registrable under the Trade Marks Act 1999, and whether any condition or limitation should be imposed.
Objected — this is the Registry raising a concern
Objected means the examiner has raised an objection in the examination report. It is the Registry itself questioning your mark. It is not a third party, and it is not a refusal.
Objections are usually raised under one of two sections:
- Section 9 concerns the mark itself — that it is descriptive, generic, laudatory, or otherwise not distinctive. Overcoming it means showing the mark is distinctive, either inherently or through use. Where you rely on use, that means filing an affidavit with genuine supporting evidence.
- Section 11 concerns conflict with earlier marks. The examiner issues a search report listing the conflicting marks, and your reply must address why yours can coexist.
An objection has a deadline. Miss it and the application is treated as abandoned.
Exam Report Issued
The application has been accepted for publication in the Trade Marks Journal — either at first examination, or after your objection reply or hearing succeeded.
Advertised Before Accepted
The Registrar has published the mark in the Journal before formal acceptance. Publication opens the window in which any third party may oppose.
Opposed — this is a third party objecting
Opposed means someone else has filed a notice of opposition after publication. This is fundamentally different from Objected: the challenge comes from outside the Registry, usually from a proprietor who believes your mark conflicts with theirs.
You must file a counter-statement within the prescribed period of receiving the notice. If no counter-statement is filed in time, the application is treated as abandoned — this is the single most common way a good application is lost.
Refused
The Registrar has refused the application after considering your response or hearing, or a third party's opposition has succeeded. An appeal route exists, and it is time-limited.
Withdrawn and Removed
Withdrawn means the applicant asked to withdraw. Removed means the mark is no longer on the register and is no longer protected.
Registered
The registration certificate has been issued. You may now use the ® symbol. A registration lasts ten years from the date of application and is renewable in further ten-year terms, indefinitely, provided renewals are filed on time.
The distinction that matters most
If you remember one thing: Objected is the Registry; Opposed is a competitor. Both are answerable, both have deadlines, and both are lost by inaction rather than by argument.
If your application shows either status, check the deadline first and the merits second.
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This article was first published on the MYCrave blog and has been migrated to the IP Knowledge Bank; its original publication date is shown above. Spotted an error? Write to info@mycrave.co.in. How we research, review and update this library is set out in our editorial policy. This is general information about Indian IP law and procedure, not advice on your specific matter.