Filing a trademark in India is not a one-click affair. Your application passes through a series of checkpoints at the Trade Marks Registry, and at each point, the Registry’s online system shows a “status.” Understanding these statuses helps you know whether everything is on track, or whether your brand is in danger of losing protection.
Stage 1: Filing & Initial Processing
- New Application / Send to Vienna Codification – The application has been received and logged. If the mark contains a logo or design, the Vienna classification codes are assigned. No action needed.
- Formalities Check Pass / Fail – A clerical review of forms and fees. “Pass” means it moves forward. “Fail” means missing documents or errors must be fixed quickly.
- Marked for Examination – The file is now in queue for a substantive review by an Examiner.
Stage 2: Examination
- Exam Report Issued – An official report is prepared, noting any objections.
- Objected – The Examiner believes the mark is not fully registrable (perhaps it is descriptive or conflicts with another). A reply must be filed within one month.
- Ready for Show Cause Hearing / Show Cause Hearing – If objections aren’t resolved on paper, you’re called to a hearing before the Examiner.
- Refused – The Examiner has rejected the mark after review or hearing. Appeal or fresh filing may be needed.
Stage 3: Advertisement in the Journal
- Accepted & Advertised – The mark has cleared examination and is published in the Trademark Journal. A 4-month window opens for the public to oppose.
- Advertised Before Accepted – Published before formal acceptance; still subject to opposition.
- Withdrawn Before Acceptance – Applicant has chosen to step back before advertisement.
Stage 4: Opposition
- Opposed – A third party has filed opposition. The applicant must file a counter-statement within 2 months.
- Opposition Abandoned / Withdrawn / Allowed / Refused – Outcomes of opposition proceedings: abandoned (no reply filed), withdrawn (challenger backs out), allowed (opposition succeeds, application fails), refused (opposition fails, application survives).
Stage 5: Registration
- Registered – The mark is officially entered in the Register. A certificate is issued, valid for 10 years.
- Registered – Renewal Due / Registered – Renewed – Indicates the cycle of renewal. Marks must be renewed every 10 years to stay alive.
- Removed – The mark has lapsed due to non-renewal or rectification.
Stage 6: Special/Internal Statuses
- Send Back to EDP / PRAS – Internal workflow statuses meaning the file has been sent back for electronic data processing or record scanning. Usually no applicant action required.
- Rectification Filed – Someone has sought to cancel or amend a registered mark. The registered proprietor must defend it.
Why It Matters
Trademark prosecution is a timeline game. A missed deadline—for replying to an objection, filing a counter-statement, or renewing on time—can cost years of brand equity. By learning the language of statuses, businesses can step in at the right moment and safeguard their rights.
