Once a trade mark application is filed in India, its progress is shown on the Trade Marks e-Register on the IP India portal through a short status label. Labels such as "Formalities Chk Pass", "Send to Vienna Codification" or "Advertised before Accepted" are Registry shorthand. They do not explain themselves, and they rarely say whether the applicant is required to do anything.
This matters because some statuses are purely informational, while others start a time limit. An application that shows "Objected" or "Opposed" and receives no response within the period allowed may be treated as abandoned. Reading the status correctly is the first step in protecting the application.
This article explains the statuses most commonly seen on the portal, grouped by the stage of the application, with the provision of the Trade Marks Act 1999 to which each relates. The exact wording on the portal can vary slightly, and the status should always be read together with the documents uploaded against the application.
How to Check Trademark Application Status in India
After filing for trademark registration in India, you can track your application on the official IP India Trade Marks e-Register at tmrsearch.ipindia.gov.in/estatus. Enter your trademark application number to see where your application stands. The check is free.
The trademark status page shows:
- the current status of the application (for example, Formalities Chk Pass, Objected, Accepted & Advertised or Registered)
- the class of goods or services
- the filing date
- the applicant's name and address
- links to official correspondence, such as the examination report, hearing notices and the Trade Marks Journal entry
Trademark Status Check vs. Trademark Public Search
These are two different tools. The trademark status check tracks an application that has already been filed. The IP India trademark public search is used before filing, to find existing marks that are identical or similar to the one you plan to register. Running a public search first lowers the chance of objections and oppositions later.
Why the Status Label Alone Is Not Enough
The status label is only a summary. What carries legal effect is the examination report, notice or order uploaded under the application. Deadlines, such as the time to reply to an examination report or to attend a hearing, run from the date of that document, not from the date the status changed. Always open and read the uploaded document so you don't miss a deadline that could lead to your application being abandoned.
Filing Stage
New Application
The application has been received and allotted a number under section 18 of the Act. It has not yet been checked for formalities. No action is needed at this point.
Send to Vienna Codification
This status appears for applications containing a logo, device or other figurative element. The Registry assigns codes to the figurative elements under the Vienna Classification, an international system for classifying the visual elements of marks. The codes allow device marks to be searched against later filings. This is an internal step, and no action is needed from the applicant.
Formalities Chk Pass
The application has cleared the preliminary check of formal requirements, such as the applicant's details, the class, the specification of goods or services, the fee and the representation of the mark. It is now awaiting examination. This status says nothing about whether the mark is registrable.
Formalities Chk Fail
The Registry has found a formal defect, such as a missing power of authority, an unclear representation of the mark or an incomplete statement of use. The defect is communicated through the portal, and it must be cured within the time allowed. An application left in this status without a response risks being treated as abandoned.
Examination Stage
Marked for Exam
The application has been allotted to an examiner, who will assess it against the grounds of refusal in the Act. No action is needed, although this is the stage at which the outcome of the application is shaped.
Objected
The examiner has issued an examination report raising objections to registration. The objections usually fall under:
- Section 9 (absolute grounds): for example, the mark lacks distinctive character, or describes the kind, quality or geographical origin of the goods or services.
- Section 11 (relative grounds): an identical or similar mark is already registered or applied for in respect of identical or similar goods or services.
This is the status that most often requires prompt action. The examination report must be answered within the period it states, which in practice is one month. A reply may contest the objections with legal submissions, evidence of use or acquired distinctiveness, or amendments to the specification. Our page on replying to a trademark examination report explains the process in detail.
Key point: A status of "Objected" is not a refusal. It is the Registry's provisional view, and the applicant is entitled to answer it. The risk lies in not answering: the Registry has begun issuing formal notices under section 132 of the Act and treating unanswered applications as abandoned. See our article on Section 132 notices.
Exam Report Issued
Some applications show this status after examination. It indicates that an examination report has been issued, and it should be treated in the same way as "Objected": download the report, note the date and prepare a reply.
Ready for Show Cause Hearing
The examiner has not been satisfied by the written reply, or a hearing has been requested, and the matter will be heard before an officer of the Registry before any decision to refuse. A hearing notice is issued with the date. The applicant or its agent must appear (hearings are now commonly conducted by video conference) and may file written submissions. Failure to attend can lead to the application being treated as abandoned or refused.
Publication Stage
Accepted
The Registry has accepted the application under section 18 of the Act, either because no objection was raised or because the objections were overcome. The mark will next be advertised in the Trade Marks Journal.
Accepted & Advertised
The accepted application has been published in the Trade Marks Journal under section 20 of the Act. Publication opens the opposition period: under section 21, any person may file a notice of opposition within four months from the date of advertisement. No action is needed from the applicant unless an opposition is filed.
Advertised before Accepted
The proviso to section 20(1) allows the Registrar to advertise an application before acceptance. This may be done where the mark raises questions under certain provisions of section 9 or section 11, or where exceptional circumstances make it expedient. It is often ordered after a hearing. The application is published so that third parties can oppose it, and it is open to opposition in the same way as an accepted application.
Opposition Stage
Opposed
A third party has filed a notice of opposition under section 21. The Registry serves a copy on the applicant, who must file a counter-statement within two months of receipt. If no counter-statement is filed in time, section 21(2) provides that the application is deemed abandoned. The matter then proceeds through evidence and a hearing. Our page on trademark opposition proceedings sets out each stage.
Final Outcomes
Registered
The application has completed all stages without successful opposition, and the mark has been entered on the register under section 23. Registration takes effect from the date of the application, and the certificate is issued through the portal. Registration lasts ten years and may be renewed for further periods of ten years under section 25.
Refused
The Registrar has refused the application, usually after a show cause hearing or at the end of opposition proceedings. A written order with reasons is issued. An appeal lies to the High Court under section 91 of the Act, within the period that section prescribes.
Abandoned
The application has been treated as abandoned, typically because an examination report, hearing notice or opposition was not answered. Section 132 empowers the Registrar to treat an application as abandoned where the applicant is in default in prosecuting it, after issuing a notice. Depending on the circumstances, it may be possible to seek review of the abandonment or to file afresh, but the original filing date may be lost.
Withdrawn
The applicant has withdrawn the application. A withdrawn application cannot be revived, and a fresh application would carry a new filing date.
Rectification Filed
A third party has filed an application for rectification of the register against a registered mark. Under section 57 of the Act, any person aggrieved may apply to the Registrar or the High Court to cancel or vary a registration, for example where the mark was registered in breach of section 9 or section 11 or is wrongly remaining on the register. A rectification on the ground of non-use is made under section 47. The mark remains registered while the proceedings are pending. The registered proprietor is served with the application and must file a counter-statement within the time allowed, because an unanswered rectification may be decided against the proprietor.
Cancelled
The entry of a registered mark has been cancelled from the register at the request of the registered proprietor. Section 58(1)(c) allows the Registrar, on an application by the registered proprietor, to cancel the entry of a trade mark on the register. Proprietors do this when a mark is no longer used or wanted, or as part of a settlement. Once cancelled, the mark no longer has the protection of registration, and a fresh application would be needed to register it again.
Removed
A registered mark has been taken off the register. This most often follows non-renewal under section 25, but it can also follow an order allowing a rectification application. Where removal is for non-renewal, section 25 allows restoration on application within the period it prescribes, on payment of the renewal and restoration fees.
Statuses at a Glance
- No action needed: New Application, Send to Vienna Codification, Formalities Chk Pass, Marked for Exam, Accepted, Accepted & Advertised, Advertised before Accepted.
- Action needed within a time limit: Formalities Chk Fail, Objected, Exam Report Issued, Ready for Show Cause Hearing, Opposed.
- Final, but further steps may be available: Refused (appeal), Abandoned (review or re-filing), Removed (restoration, where removal was for non-renewal).
- Registered marks under challenge: Rectification Filed (counter-statement required).
- Concluded: Registered (subject to renewal every ten years), Withdrawn, Cancelled.
What to Do When the Status Changes
- Open the application on the portal and download any new document uploaded against it.
- Note the date of the document and the time limit it states.
- Check that the email address and address for service on record are current, because Registry correspondence is sent there.
- Diarise the deadline, and the renewal date once the mark is registered.
- Do not rely on the status label alone: where the label and the document appear to conflict, the document governs.
Conclusion
The IP India portal gives every application a status, but the label is only a pointer to what is happening at the Registry. Most statuses require nothing of the applicant. A few, chiefly "Formalities Chk Fail", "Objected", "Ready for Show Cause Hearing", "Opposed" and, for registered marks, "Rectification Filed", start a time limit, and missing it can cost the application and its filing date. Checking the status regularly, and reading the document behind each change, is the simplest way to keep an application on course. The filing process itself is explained on our page on trademark registration in India. For an overview of trade mark, copyright, patent and design practice, see the IPCogito Legal home page.