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.
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
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:
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
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.
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.
If the applicant has opposition status, then the applicant can contest the case, or else he can withdraw the trademark application.
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.
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.
If the applicant does not use the trademark continuously for 5 years, then it is removed from the Trademark journal.
What is a trademark status check?
Why is it important to check my trademark status?
How can I check my trademark status?
What should I look for when checking my trademark status?
What happens if my trademark status changes?
How can I ensure that my trademark remains in good standing?
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.
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.
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