Trademark Status: Opposed vs Objected vs Formalities Chk Pass
The advent of online trademark registration in India has improved the potency and transparency of trademark filing. Associate application for registration of a trademark goes through numerous stages of scrutiny before it gets registered. These stages or standing area unit in short explained below.
In this article, we have a tendency to decipher the meaning of the trademark standing and therefore the action that has got to be taken by the enterprise to make sure smooth trademark registration.
Status: New Application
The trademark application has been entered into the trademark application database.
Status: Send to Vienna codification
This step is applicable for non-text trademark application that contains a brand or design the instant a trademark application is filed, a Vienna Code is assigned thereto if the trademark encompasses brand /figurative components. This is often done supported the sort of the figurative element/logo. The Vienna codification is finished with the written account, sanctioning trademark searches to be conducted for logos/ artworks. Once it's done, there still could be a great distance within the registration method such as examination, formalities check, publication and eventually the registration.
Status: Formalities Chk Pass
When all the essential filing needs for a trademark registration area unit passed, then the standing within the Indian Trade Mark written account website shows as “Formalities Chk Pass” The Trade Mark has written account checks the essential needs such as: whether or not acceptable translation/transliteration (in case applicable) has been filed. Whether or not the POA has been uploaded (if filed through associate agent). Just in case these basic needs don't seem to be consummated, the standing might be mirrored as “Formalities Chk Fail”. Once the completion of this method, the trademark application goes through a substantive examination, throughout this part objections might be raised underneath the Trade Marks Act, 1999, Sections 9 and 11
Status: Marked for examination
When the trademark application is assigned to associate Examiner for the issue of the examination report, the Indian Trade Mark written account website shows as “Marked for Exam”.
The trademark application is scrutinized by the examiner to envision whether or not the trademark is accepted to be revealed within the Trade Marks Journal, preceding the registration. The subsequent checks are a unit done:
1. Whether or not the prescribed manner has been adhered to whereas filling the application.
2. Whether or not any similar/same/trademark in respect of similar/same service/goods is there on record.
3. Whether or not the trademark that has been applied for is accepted for registration underneath the Trade Marks Act 1999.
4. Whether or not any, condition, limitation or restriction is needed to be obligatory.
The Examiner can then issue a consolidated ‘Examination Report’ that mentions the objections, if any; or accepts the application. Once this procedure, it takes around 12 to 18 months for the examination report back to be issued.
If the Examiner /Registrar raises objections to the Examination Report, the standing of your trademark application can show as “Objected”. Once the application is scrutinized, objections could also be raised by the Examiner/Registrar underneath the Trade Marks Act Sections 9 and 11.
For Example, Objections are a unit doubtless to be created underneath Section 9, once the Examiner/ Registrar considers the trademark to be descriptive of generics/laudatory/goods indicating the nature or quality of the products.
To overcome this objection, it's essential to point out that the trademark is characteristically distinctive. This objection can be avoided even if the trade mark has developed a singular character as a result of in depth use. For this purpose, it's needed to submit a user legal instrument with evidence that shows that the trademark has noninheritable individualism.
Section 11 objections are a unit created by the examiner/ Registrar once there's a similar/ identical trademark in respect of similar/identical services/goods already on record within the Trade Mark written account. In such a case, the Examiner/ Registrar problems a laptop generated Search Report that contains the list of conflicting marks.
Status: exam Report Issued
The trademark standing can show as “Exam Report Issued” if the trademark application is accepted for publication and is due for publication within the Trade Marks Journal. This standing is employed to point that the trade mark has been accepted within the initial examination report, or once the objections are overcome by the person by method of a written submission or a hearing.
If the Examiner/Registrar refuses a trademark application once hearing or considering the applicant’s response to associate examination report, then the trademark standing within the Indian Trade Mark written account web site shows as “Refused”.
The trademark standing may conjointly show as “Refused” just in case a 3rd is victorious in opposing against the registration of the trade mark. If the trademark application shows as “Refused”, then associate appeal is filed underneath Section 91 of the Trade Marks Act with the holding legal proceeding Board (IPAB) inside three months.
Status: Adv Before Accepted
If the trademark application has been publicized before the acceptance within the Trade Mark Journal by the Registrar, then the trademark standing within the Indian Trade Mark written account web site can show as “Adv before accepted”.
This standing permits any third party to oppose the trademark application inside four months from the date of the promotional material within the journal.
In the situation wherever associate application is publicized before Acceptance and therefore the opposition lodged throughout the opposition amount is made, there's a demand for the applying to be accepted by associate acceptive Officer simply before the registration certificate is issued. Once this is often done, the trademark standing then changes to “Advertised and Accepted” and so “Registered”. The registration certificate is mostly issued in around three months upon expiration of the opposition amount.
In case once the promotional material of the trade mark, a third party files associate opposition to the registration of the trade mark within the four months from the date of promotional material then the trademark standing within the Indian Trade Mark written account web site can show as “Opposed”.
A third party sometimes files associate opposition once there's the same trademark revealed within the Journal or if the trademark is presupposed to be non-distinctive.
The trademark standing changes from “Advertised” to “Opposed” once a notice of opposition is filed by a 3rd party. This notice is served on the person that states the grounds on that the opposition is predicated. it's necessary to file a counter statement by the person inside two months from the date of receipt of the notice of opposition. The trademark application is “Abandoned” if no counter statement is received by the written account inside the given amount.
The trademark standee can show as “Withdrawn” if the person files a call for participation to withdraw the applying voluntarily. In an exceedingly few cases, the person could withdraw the applying once the hearing examiner fails to just accept the trademark.
The trademark has been far away from the trademark written account. The mark is not any longer proprietary.
When the trademark standing shows as “Registered” it suggests that the trademark registration certificate has been issued by the Registrar. After this, the person becomes the registered owner and is then entitled to use the ® image next to its trademark. underneath the current Act, a registration is valid for ten years from the date of application and will be revived each ten years before its expiration.
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