How to Check Trademark Status Online: A Simple Guide

INTRODUCTION

Trademarks play a crucial role in protecting your brand and ensuring that your products and services are recognized and distinguished from others in the market. It is essential to regularly check the status of your trademark to ensure it remains active and in good standing. In this guide, we will walk you through the process of checking your “trademark status“, including the different methods available and what to look out for.
Whether you’re a business owner, trademark attorney, or simply want to know the status of your trademark, this guide has everything you need to know.

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Once you have registered your company for a trademark, you can easily track its status. Trademark registration is important for every company, There are other “benefits of trademark registration“ as well which will be highlighted here.

First Let’s understand Trademark Registration Process

Begin with choosing a trademark – First, you need to choose the right “trademark position” that will represent your company. For this, you need to identify which category your product belongs to. There are a total of 45 Trademark Classes of goods and services.
Check Availability – The next important thing that you have to check is the availability of the trademark. You have to see that the trademark you want is not taken by someone else. You can do it yourself or you can take the help of legal services for the same.
Start filling out the Application Form – You can apply for the “A” Category. This means that the trademark will be registered for a specific and for this you will have to fill out Form TM-1. For this, you have to pay Rs. 4,500.
The second way is to apply for international “trademark registration in different classes“ or collectively. For this, you have to fill TM-A form. It allows you to register a trademark under more than one class.

Note: While filling out the form, you must ensure that there is no mistake so that the approval of registration is not delayed.

Let’s Understand – How to Check Trademark Status

Once the applicant has successfully applied, one can check the registration “status”. The following procedure defines the same:

To “check tm status” in India, follow these steps:

Step 1: Visit the official website of the Indian Trade Marks Registry (TMR) at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Step 2: Click on “Trademark Search” in the top menu.
Step 3: Enter the name of the trademark in the search box.
Step 4: Click on “Search” to view the results.
Step 5: Check the status of the trademark by looking for the column “Status” in the search results.
Step 6: If the trademark is still pending, the status will show “Pending Examination” or “Pending Advertise”. If the trademark has been granted, the status will show “Registered”.
Step 7: To view the details of the trademark, click on the trademark number in the search results.
Step 8: The details of the trademark, including the owner, application number, and class, will be displayed.

Note: The TM status can change as the application process progresses, so it’s important to periodically check the status of the trademark until it is granted.

Trade Mark Application Status

New Application

This status appears when the registration office has just received the application form.

Marked for Examination

After the preliminary round of evaluation, if one sees ‘Formalities Check Passed’, it means that the Trademark Examiner will examine the documents so that due diligence can be completed.

Objection

This “TM status” is assigned when the examiner has raised some objections to the registration status. The applicant must respond to this within one month of the issue of the position. If the reply does not come within the stipulated time limit, the application will be rejected.

Withdrawn

If the applicant has opposition status, then the applicant can contest the case, or else he can withdraw the trademark application.

Registered

If the “TM registration status“ mentions Registered, it means that the application has cleared all the stages of inspection, and has been accepted, the status will appear as Registered.

Formalities Check Fail

The next status one can see is the formality check failed. This status appears when there is some problem with the documentation of the trademark registration. Lack of clarity in the documents could be a possible reason for this.

Rejected or Abandoned

This status appears when the Registrar is not satisfied with the response to the show cause hearing or inquiry report.

Advertised Before Accepted

This status appears when the Registrar is not convinced of the nature of the trademark.

Accepted and Advertised

It means that the Registrar has accepted the trademark and can now get entry in the Trademark Journal.

Opposition

After the trademark is published and advertised the general public is given 3-4 months to respond to it. If there is no objection during this time, the applicant can use it. However, if there is a conflict, then the trademark is described as in conflict.

Canceled

If the applicant does not use the trademark continuously for 5 years, then it is removed from the Trademark journal.

FAQ’s

What is a trademark status check?

The TM status check refers to the current legal standing and use of a specific trademark.

Why is it important to check my trademark status?

Checking your trademark public search regularly is important to ensure that your trademark remains in good standing, to identify any potential issues, and to take appropriate action to protect your brand.

How can I check my trademark status?

You can check your Status of Trademark by searching online trademark databases, making a formal inquiry to the government agency responsible for registering trademarks, using trademark monitoring services, or consulting with a trademark attorney.

What should I look for when checking my trademark status?

When checking your trademark application status, you should look for renewals, infringements, trademark assignment records, and changes in your TM status.

What happens if my trademark status changes?

If your TM status changes, you may need to take action to protect your trademark rights and ensure that your brand remains protected. This may include renewing your trademark, addressing infringement issues, or taking other legal action.

How can I ensure that my trademark remains in good standing?

To ensure that your trademark remains in good standing, it is important to regularly check your trademark status, monitor its use, and take appropriate action to enforce your trademark rights and maintain its validity.

Conclusion

In conclusion, checking the “trademark status” is an important step in protecting your brand and ensuring that your trademark remains in good standing. By regularly monitoring your “TM status“, you can identify any potential issues, take appropriate action, and ensure that your trademark continues to provide the maximum level of protection for your brand.

The trademark application process can be complex, so it is advisable to seek the guidance of a trademark attorney to ensure that your trademark application is properly filed and processed.

Final Word

In the final word, it is important to remember that trademarks are valuable assets that help to distinguish your brand and protect your business interests. Regularly checking your “TM status” and taking appropriate action to maintain its validity is a key part of protecting your brand and securing your business’s success.