Trademark Status

TRADEMARK STATUS- astarlegal

Last updated on August 10th, 2024 at 07:02 am

Introduction

Trademark Registration is the most crucial part of products and services which can help to control fraud and get better research on the brands. In this, the coverage will be about knowledge of what Trademark status is and why it is important in the business. People should be aware of trademark and trademark status. A trademark is a logo, word, and many more, which shows the element of goods and services and helps the audience to differentiate services and goods from dealers from goods and services.

Trademark Status

Trademark status is a part of the trademark registration process. A trademark lawyer applies for a trademark. After applying, the lawyer only gives feedback on each status of the trademark. However, everyone should know the status of the application. They are as follows:

Send To Vienna Codification:

This status means that the brand includes a bookmark or design that everyone can recognize. This trademark is explained for various goods and services and it’s important to know this before registration. The petitioner does not need to indulge in any of the actions. This stage usually includes the design and logo of the brand.

Formalities Check Fail:

As per the intellectual trademark status, this stage indicates that the terms and conditions requirement will not meet their requirement There are some corrections and errors in the trademark. There are sprinkles of causes for this status which are:

  • If there are misconceptions in the filing of any paper or the legal document.
  • Probably, any crucial document is not notary or stamped.
  • If in this situation some documents are not submitted at the time of application

Formalities Check Pass:

This status means that the petitioner has fulfilled the requirements of all the rules and regulations of intellectual trademarks. The petitioner has given some reasons like the filing forms are not complete. Non-completion of filing form. Suppose the application form is different and the submission documents are different, then the registry will mention the status as Formality Check Failed because the documents are not complete. Submission of the complete trademark application can lead to this status. Attested with every single important document with government form is related to this status.

Marked For The Exam:

This status states that the application is under the surveillance of rules and regulations of trademark registration. Hence, it is moving ahead for trademark examination. The registry examines the trademark application. Formalities check makes sure that information of every piece filed in the filing is correct or not, it is error-free or not only then the trademark registry will move the application to examination.

In This Status Registry Will Check That:

  • Is the trademark related to goods and services?
  • In any case, the trademark is particular?
  • In any case, the trademark should not be indecent or unethical.
  • In any case, trademarks should not be different in goods and services applied in the application as compared to their activities of business.

Examination Report Issued:

Suppose any objection regarding the structure or form of the trademark is mentioned in the investigation report and issue the complaint. The petitioner has to submit the explanation with the help of a registered attorney.

Objected:

The status objected states that there is an objection from the trademark registry as opposed to the application of the petitioner. The petitioner has to explain the frame within the given period. The period of the application to explain is one month from the date of issue of the examination report. The petitioner can request more time to file the response to the examination report.

Accepted:

This status states that there is no objection to the trademark registry to which the petitioner applied the application. In this case, the petitioner is not required to take any action but the trademark registry will wait for the next step.

Advertisement Before Accepted (Adv.):

At this stage, the applications are in the book of journals which the trademark registry maintains. If the third party has any issue with the application they can oppose it. The opposition period is four months.

Accepted And Advertised:

They accepted and advertised the status which is the semi-final stage of registration of a trademark. At this stage, the petitioner is not required to take any action. The registrar is to update the status of the trademark application

Ready to Show Cause Hearing:

This status shows that the examination report is not perfect as per the trademark registry. However, the trademark registry is moving this application of trademark towards the hearing. The petitioner explains their case in the hearing as to why the application for a trademark should proceed to the process of registration. If the petitioner has no applicable evidence of goods and services then the registry will abandon the file. If they get the proper evidence of goods and services they may precede the file to the registered.

Registered:

Registry of Trademark Once the petitioner is free from all the procedures and the status changes to Registered upon fulfilling the requirement of the Trademark Registry, the petitioner will be able to avail all the rights of trademark registration after obtaining the certificate.

Opposed:

This status states a third party of another applicant has oppes The application This simply means that the trademark believes that the trademark raised a challenge against the petitioner.

Abandoned:

The abandoned status shows that the petitioner has not answered the objections in the given period. The petitioner is no longer for the application.

Withdrawn:

It means when the petitioner wishes to withdraw they will withdraw the right to renew the trademark It will take it back to the register. In such a situation the petitioner has to write the letter and submit it to the trademark registry.

Removed:

A trademark is usually registered for 10 years. But. If the trademark registrar is not renewed then that trademark is officially removed. If the petitioner is not getting the renewal done then the Trademark Registrar will delete the application..

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