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.