What is the meaning of trade mark application status “Marked for Exam”?
The trade mark status in the Indian Trade Mark Registry website shows as “Marked for Exam” when the trade mark application has been assigned to an Examiner for issuance of examination report.
The Examiner scrutinizes the trade mark application to check whether the trade mark can be accepted for publication in the Trade Marks Journal, prior to registration. The Examiner checks for the following:
1. Whether the application has been filed in the prescribed manner
2. Whether any same/similar trade mark in respect of same/similar goods/services is there on record
3. Whether the trademark applied for registration can be accepted for registration under the Trade Marks Act 1999
4. Whether any restriction, condition or limitation is required to be imposed.
The Examiner will issue a consolidated ‘Examination Report’ mentioning the objections (if any); or accept the application. In the present circumstances in the Trade Mark Registry, it takes around 12 to 18 months for the examination report to be issued.
A computer generated ‘Search Report’ is attached with the Examination Report, which lists out the conflicting marks.
The applicant or its authorized agent is required to respond to the Examiner’s objection(s) within a period of one month from the date of receipt of Examination Report. However, in practice, the Examination Report is seldom issued by the Trade Mark Registry and is directly uploaded in the online records of the Trade Mark Registry at www.ipindia.nic.in. Therefore, it is advisable to check regularly whether the Examination Report is uploaded, so that a suitable response can be promptly filed to the objections raised in the Examination Report, if any.
What is the meaning of trade mark application status “Send Back to EDP”?
The trade mark status in the Indian Trade Mark Registry website shows as “Send Back to EDP” when there are errors regarding data entry of applications which need to be rectified or when the documents are not digitized properly. In such cases, the application is sent by the Examiner/Registrar to EDP Section (Electronic Data Processing Section) for proper digitization or correction of errors. The status would remain as "Send back to EDP" till these issued are rectified by the EDP Section. Once rectified, the application advances further for examination, publication and then registration as per the statute.
What is the meaning of trade mark application status “Formalities Chk Fail”?
The trade mark status in the Indian Trade Mark Registry website shows as “Formalities Chk Fail” when the preliminary documentary requirements are not met.
This could happen in instances such as non-filing of POA, non-filing of translation/transliteration when the trademark is not in English/Hindi, filing in wrong class, etc. In case of such an objection, the Trade Mark Registry usually uploads or sends a letter to the applicant/agent citing the reason for the objection and why the trade mark could not proceed further for examination. It is imperative that a suitable response is filed within one month from the date of receipt of such letter, failing which the trade mark will be abandoned due to lack of prosecution.
What is the meaning of trade mark application status “Formalities Chk Pass”?
The trade mark status in the Indian Trade Mark Registry website shows as “Formalities Chk Pass” when the preliminary documentary requirements are met. The Trade Mark Registry usually checks if the basic requirements are met such as: whether the POA has been uploaded (when filed through an agent) and whether appropriate translation/transliteration (if applicable) has been filed. When such basic requirements are not met, the status could be reflected as "Formalities Chk Fail".
After formalities check, the trade mark application still has to undergo substantive examination, where objections may be raised under Sections 9 and 11 of the Trade Marks Act, 1999.
What is the meaning of trade mark application status “Send to Vienna Codification”?
The trade mark status in the Indian Trade Mark Registry website shows as “Send to Vienna Codification” when the trademark comprises figurative elements/logo and is being assigned a Vienna Code by the Indian Trade Mark Registry. As soon as a new trade mark application is filed, a Vienna Code is assigned if the trade mark comprises figurative elements/logo. The Vienna code is assigned based on the nature of the figurative element/logo. Such figurative elements/logos are codified according to the Vienna Agreement as per the link below:
http://www.wipo.int/classifications/nivilo/vienna/index.htm#
Vienna codification is done by the Registry so that trademark searches can be conducted for artworks/logos. Once the Vienna codification is done, there is still a long way in the trade mark registration process such as formalities check, examination, publication and then registration.