In the high-stakes world of intellectual property, filing a trademark application is merely the first step of a complex, multi-year odyssey. Many entrepreneurs mistakenly believe that receiving an application number provides immediate protection. In reality, your brand is in a state of "legal purgatory" until that status successfully transitions to "Registered".
The trademark lifecycle in India is governed by the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. Under this framework, an application is a dynamic legal entity. It breathes and evolves as it passes through the hands of various stakeholders: clerical officers, substantive examiners, senior registrars, and eventually, the general public.
The "Status" of your trademark is the only window you have into this invisible process. A change from "Marked for Exam" to "Objected" isn't just a notification—it's a legal summons. It indicates that the government has found a reason to potentially deny your brand its most valuable asset. In our experience at AMA Legal Solutions, over 40% of trademark failures in India occur not because the brand was unregistrable, but because the applicant failed to notice a status change in time to provide a statutory response.
Understanding these statuses is not just a clerical task; it is a strategic necessity. Whether you are a startup founder, a marketing head, or a corporate legal officer, mastering the "registry language" allows you to anticipate hurdles, manage litigation risks, and secure your market position before competitors can strike.
The official portal for tracking is the Trade Mark Status & e-Register. While most users rely on the basic 'Public Search' tool to check for conflicts, the 'Status' portal provides the actual legal history of your specific file.
The Legal Significance of the 'Extract of Index': Inside the status portal, you will see a link to 'View e-Register'. This is the digital equivalent of a physical land deed. It contains the Extract of Index, which lists every action taken on your file since the second it was submitted. This includes the exact timestamp of when an objection was raised, the names of the attorneys who have filed responses, and even internal notes from the Registrar.
At AMA Legal Solutions, we recommend a Weekly Status Audit. The Registry's internal servers often update and send out computerized notices on Friday evenings. Checking every Monday morning ensures you never lose time on a 30-day statutory deadline.
Once the 'Submit' button is clicked, your application enters the Electronic Processing System (EPS). In this phase, the focus is not on whether your brand is unique, but whether your paperwork is perfect.
If your trademark contains any Figurative Element—a logo design, a specific font style, or even a geometric pattern—it will be "Send to Vienna Codification". This is an international classification system (the Vienna Agreement) used to categorize the visual elements of marks.
Registry staff will assign codes like '03.01.08' (Dogs, wolves, foxes) or '26.01.01' (Circles). This allows the examiner to perform a "visual search" later to ensure your logo doesn't infringe on another brand's visual identity, even if the names are different.
This is the clerical audit of the application. The Registry verifies that the correct government fee (₹4,500 for individuals/startups, ₹9,000 for others) was paid, the User Affidavit (if claiming prior use) is on valid stamp paper, and the Power of Attorney (Form TM-M) is uploaded.
If you see "Formalities Check Fail":
The Registry will issue a notification listing the 'defects'. You usually have 30 days to file an amendment or provide the missing documents. Failing to rectify this leads to the application being marked as "Abandoned" without even reaching an examiner's desk.
Strategic Insight: Many applications get stuck in "Formalities Check Fail" because the Applicant's name on the trademark form doesn't match the name on the MSME certificate or Startup India certificate used for the fee concession. Ensuring consistency across all documents is the key to bypassing this stage smoothly.
This is the most critical phase of the trademark lifecycle. Once you pass formalities, the application status changes to "Marked for Exam". A Senior Examiner then performs a deep legal audit of your brand against the vast database of existing trademarks and the legal barriers defined in the Act.
If the Examiner finds an issue, the status will turn to "Objected". This is not a rejection; it is a request for clarification.
This objection is raised if your brand is too descriptive (e.g., calling a milk brand "Fresh Milk") or lacks "distinctive character". The examiner believes your brand name is a common term that every business in your industry should be free to use.
STRATEGY: Provide evidence of "Acquired Distinctiveness" through invoices and market awareness.
This is the "Conflict Objection". The examiner has found an existing trademark (either registered or pending) that is phonetically or visually similar to yours in a related class of goods/services.
STRATEGY: Distinguish your mark based on the "Rule of Whole" and the "Triple Identity Test".
The 'Exam Report Issued' Status: This status indicates that the formal Objection Report (a PDF document) has been generated. From the day this report is made available online, you have exactly 30 Days to file a comprehensive written reply.
At AMA Legal Solutions, our Objection Response Strategy involves citing relevant precedents from the Supreme Court and High Courts. A weak response often leads to a "Show Cause Hearing", while a strong, technically sound response can move the status directly to "Accepted & Advertised", saving you months of litigation and thousands in hearing fees.
When you see the status "Accepted & Advertised", your mark has crossed the internal hurdles of the Registry. It is now published in the official Trademark Journal, which is released every Monday by the IP India office. This is essentially a public challenge: "We intend to register this brand—does anyone have a reason we shouldn't?"
Once advertised, Section 21 of the Trade Marks Act provides exactly 4 months (non-extendable) for any third party to file a 'Notice of Opposition' (Form TM-O).
Scenario A: If no opposition is filed, the system automatically transitions to 'Registered' after the 120th day.
Scenario B: If an opposition is filed, your status changes to 'Opposed'. This starts a legal battle that can last 3-5 years.
The 'Advertised beff acc' Status: Occasionally, you might see "Advertised Before Acceptance". This means the Registrar has significant doubts but has decided to publish the mark anyway to see if the market has a reaction. If you see this, be prepared for a thorough "Show Cause Hearing" even if no opposition is filed.
This is the status every brand owner dreams of. When the status officially changes to "Registered", you have successfully secured your intellectual property rights for a period of 10 years.
The Registry no longer sends physical hard copies of certificates. A digital certificate is generated and made available via the status portal. This document is a Prima Facie Evidence of your ownership. It lists the registration date, the application date, and the 'User Date'—the date from which your legal rights have been backdated.
If your status turns red, the application has likely reached a legal dead-end. However, the Indian Trademark law provides mechanisms for "resurrection" if handled by an expert attorney.
This happens automatically if a deadline (like 30 days for an objection reply) is missed by even a single hour. The system is brutal.
RECOVERY: File a 'Request for Restoration' via Form TM-M. You must prove that the Registry's notice was never served to your registered email or physical address.
This is a judicial decision by the Registrar after a Show Cause Hearing. It means your arguments were not legally sufficient to overcome the objections.
RECOVERY: You have 30 days to file a 'Review Petition' or 90 days to appeal to the High Court of the respective jurisdiction.
The 'Withdrawn' Status: This usually occurs during a settlement. If a bigger brand opposes you, and you decide to change your name rather than fight, your attorney will file a withdrawal request. Once this status is reached, the application number is permanently retired.
A trademark is not 'set it and forget it'. It is a depreciating asset that requires 'Maintenance Status' updates to remain legally enforceable.
Year 9 & 10 Maintenance
You must file for renewal starting from the 9th year. If successful, the status will refresh to show the next 10-year block. Failure to do so changes the status to "Removed".
The Danger Zone
Even a registered trademark can be "rectified" (removed) if a competitor proves you haven't used the mark for 5 consecutive years. This is known as "Non-Use Cancellation".
Expert Tip: Always keep your 'Service Address' in the e-Register updated. If a competitor files a rectification and the notice goes to an old address, your status could change to "Removed" without you ever receiving a phone call.
If your brand is expanding globally via the Madrid Protocol, your status tracking becomes a dual-level operation involving the WIPO (World Intellectual Property Organization) and the Indian Registry.
"International Registration Designating India (IRDI) status updates are bridged from the Geneva database to Mumbai. There is often a significant lag. A mark might show 'Protection Granted' on WIPO but still show 'Marked for Exam' on IP India. In such cases, the local status is what governs enforcement within Indian courts."
If you receive a "Provisional Refusal" from the Indian Registry for an international mark, you have a globally synchronized deadline to appoint a local attorney and file a response. Failing to do so effectively locks you out of the 5th largest economy in the world.
Electronic vs. Manual Audit
Don't trust automated email scrapers. Manually check the e-Register every Monday morning for 'Show Cause' hearing notices which are often uploaded without immediate email alerts.
The 'Journal Alert' System
When the status is 'Accepted', perform a cross-search in the Monday Trademark Journal. Sometimes the status reflects 'Advertised' but the actual Journal might be published a week later. The 120-day clock starts from the actual Publication Date.
Evidence Preservation
If the status is 'Marked for Exam', begin curating your 'User Evidence' (invoices, domain registrations, media mentions). If an objection under Section 9 is raised, you will need this data to prove 'Market Acquisition' within 30 days.
The 'TM-M' Tracking
If you've filed an amendment (Form TM-M), ensure the status reflects 'TM-M Received'. If it doesn't update within 15 days, the application might still be being examined based on the old, incorrect data.
Vikram Sethi
You can use the 'Trade Mark Status & e-Register' portal on the official IP India website. You simply need your 7-digit Application Number. Select the 'National/IRDI Number' radio button, enter your number and the captcha, and click 'View'. The portal will display the current status of your mark in real-time.
This is the first green flag. it means the Registry has verified that all your documents (Power of Attorney, User Affidavit, JPG logo, etc.) are in order. It does NOT mean your mark is registered; it only means it has successfully moved to the 'Examination' phase.
This usually happens if the Power of Attorney wasn't uploaded, the class was incorrect, or the name of the applicant doesn't match the documents. You will receive a notification to rectify these 'clerical errors' within 30 days, or the application will be abandoned.
An 'Objection' (Section 9/11) is raised by the Trademark Examiner during the internal audit. An 'Opposition' is raised by a third party (a competitor) after your mark is published in the Trademark Journal. Objections are internal hurdles; Oppositions are external legal battles.
No. This is a standard procedure for all logo/device marks. The Registry is simply assigning a numerical code to your logo's visual elements according to the international Vienna Classification. Once coded, it will automatically move to the 'Marked for Exam' stage.
You must file a comprehensive 'Objection Reply' within 30 days of receiving the Examination Report. This reply should include case laws and evidence of your brand's distinctiveness. Failure to file this reply will result in the application being 'Abandoned' automatically.
Almost. It means the Registry has found no internal issues and has published your mark in the Journal. Now, you must wait for a 4-month 'Opposition Period'. If no one objects during these 4 months, your mark moves to the 'Registered' status.
If the Examiner is not satisfied with your written Objection Reply, they will post the matter for a personal hearing. You or your attorney must appear before the Registrar to argue your case. If successful, the mark moves to advertisement.
This is a rare status meaning 'Advertised Before Acceptance'. The Registrar has published your mark but has reserved the right to raise further questions depending on any public feedback or new information.
No. You can only use the ® symbol when the status officially changes to 'Registered' and you receive the hard copy (or digital copy) of the Registration Certificate. Until then, you should only use the ™ symbol.
The Registry sometimes has backlogs. However, most marks are examined within 3-4 months. If it's taking longer, it might be due to a complex phonetic search being conducted or a high volume of applications in your specific class.
If a competitor files a 'Notice of Opposition', your status changes to 'Opposed'. This starts a mini-litigation process involving a Counter Statement, Evidence, and a final Hearing. This can take 2 to 4 years to resolve.
It means the Registrar has officially rejected your application after hearing your arguments. You can appeal this decision at the High Court (formerly IPAB) within 3 months of the refusal date.
Generally, no. Abandonment happens when you miss a deadline (like 30 days for an objection reply). However, if you can prove you never received the notice, you can file a 'Restoration Petition' within a specific timeframe.
A trademark is valid for 10 years. If you fail to file for 'Renewal' within the 10th year, the status changes to 'Removed'. You have a 1-year grace period to 'Restore' it with a penalty fee.
IRDI stands for International Registration Designating India. This status is for trademarks filed under the Madrid Protocol where others are seeking protection in India. These follow a similar examination path as domestic filings.
It means the applicant voluntarily requested the Registry to cancel the application. This is often done as part of a settlement with a competitor who had a prior mark.
Changing the 'User Date' (the date you first used the brand) requires a specialized amendment (Form TM-M). This often triggers a 'Re-Examination' and can be a risky move if not backed by solid evidence.
The e-Register is the digital version of the physical trademark registry. When you view the e-Register, you can see 'Extracts'—the full legal history, including the owner's address, the attorney's name, and any renewal history.
The IP India online system is extremely reliable and is updated multiple times a day. However, always check the 'PDF Examination Report' if you see an 'Objected' status, as the online status might not show the specific grounds for refusal.
Time is your brand's biggest enemy. Whether you are facing an Objection, a Third-Party Opposition, or your mark shows 'Abandoned', our senior IP litigation team is ready to intervene.
Objected?
Response due in 30 days.
Opposed?
Counter Statement needed.
Formalities Fail?
Rectify doc deficiency.
In Objection replies and Restoration petitions filed in 2025-26.