When the Registrar is not satisfied with the unique nature of the applied mark, then the trademark status is advertised before accepted while the trademark status is accepted and advertised when the application is published in the Trademark Journal, and it is open to the general public to comment on the same. The trademark application is reviewed at various stages of registration for the genuineness of the mark and trademark status is given at all stages. There are various kinds of trademark status. Amongst them are these two kinds of trademark status.
The trademark examiner inspects the trademark as per the provisions contained in Trademark Act when an application is given to him. The application goes through various stages and after crossing through the stages, the application is given a status that is ‘advertised before accepted’ or ‘accepted and advertised’. This is only done when the applicant successfully clears all the objection that is raised on the mark including examination report reply or a court hearing.
Trademark Status: Advertised before Accepted
The trademark status is updated as Advertised before accepted when the trademark Registrar is not satisfied with the nature of the mark that is its uniqueness. But this stage does not assure that the trademark that is applied for will get registered as the application has to be accepted by the Accepting Officer even in the case where no objection is raised by the third party. Only the trademark status of the application gets changed to ‘Accepted and Advertised’.
The trademark status ‘Advertised before accepted’ allows any third party to object to the trademark application within a period of 4 months from the date of the advertisement in the journal. In a case where the trademark status is ‘advertised before accepted’ and no objection has been raised by any third party during the period prescribed, the Accepting officer is under the obligation to accept the application before the certificate of registration gets issued. This leads to a change in trademark status to ‘Advertised before accepted’ and then afterward to ‘Registered. The certificate of registration is issued within the period of 3 months from the date when the prescribed period for objection comes to an end.
Trademark Status: Accepted and Advertised
The trademark status is reflected as Accepted and Advertised when the Trademark Registrar is completely satisfied that the trademark is unique, and the Registrar permits the application to be published in the trademark journal. However, for the mark to be registered completely, it has to be seen that it does not receive any objection from the third party. If no trademark objection is received, then the mark will get registered, and a certificate of registration will be given to the applicant as proof of the same. The trademark status helps to know the stage at which the registration process is.
Therefore, it can be said that the trademark status will be accepted and advertised in the trademark journal in the following cases:
- If there is no objection raised in the examination report.
- If the reply to the trademark objection is found to be satisfactory by the officer.
- If the application can clear the stage of hearing the application.
In all the above cases, the trademark will be published in the journal for the period of 4 months as the trademark journal publishes all the trademarks that are about to get registered.
Steps to get Trademark Registered
Following are the steps to get Trademark Registered:
- After the collection of documents, drafting, and thinking about a unique mark, the application for a trademark is filed. Once it is applied, one can use ‘TM’ as the sign on the brand name or the logo.
- Then the application is possessed under the Vienna Codification. It helps in the search for a logo for internal use. It is the internal process of the ministry.
- The next step is to examine the application to check whether there is any defect in the application or not. If there is any defect, the trademark status of the application is ‘Formality check failed’.
- If the application does not pass-through formality check, then they are given a period of 30 days to reply to the same and to rectify the errors if any. Then the trademark status changes to ‘Formality check passed’.
- Then the Ministry checks the trademark and issues an examination report either accepting or rejecting the trademark. Ministry objects if a similar logo is seen.
- The applicant is given 30 days to check the errors and a hearing is done by the authorities for the objection raised.
- If the authorities are satisfied with the explanation given, then the trademark status will be ‘accepted and advertised’. Now, if there is any objection from the third party, it must be taken into consideration. The applicant must file a counter statement. Then after hearing both the parties, the officer passes the order that he deems fit.
- After passing through all the stages, the registration is done, and a certificate of registration is given to the applicant.
Trademark registration is important to make a brand unique and make the customers recognize their brand. The registration of a trademark protects the trademark from being copied by any third party. The trademark status helps to know what the progress in the registration process is. To get the trademark registered, one must go through various procedures. The procedure is technical, and one must take expert legal advice to save time. An expert makes your job easier and gets the trademark registered as soon as possible.