The status on your IP India application page tells you where your trademark is in the Registry’s process and, more importantly, whether the clock is running on something you must do. Some statuses need nothing from you except patience. Others, such as Objected or Opposed, start short deadlines; missing them can lead to the application being treated as abandoned.
Below is each common status, what it means, and the next step. If your application is objected or opposed and you would rather have the reply drafted and filed, our trademark objection reply service prepares and files it for you.
Quick reference table
| Status (as shown) | What it means | Your next step | Deadline running? |
|---|---|---|---|
| New Application | Filed and numbered; not yet checked | Use ™ if you wish; wait | No |
| Send to Vienna Codification | Logo or device being coded for image search | Wait | No |
| Formalities Chk Pass | Basic filing requirements are in order | Wait for examination | No |
| Formalities Chk Fail | A filing defect (document, fee, detail) was found | Fix the deficiency | Yes, one month from notice |
| Marked for Exam | Queued for substantive examination | Wait | No |
| Objected | Examination report raises objections | File a reply | Yes, one month from receipt |
| Ready for Show Cause Hearing | Reply not accepted on paper; hearing to be held | Prepare and attend the hearing | Yes, hearing date |
| Accepted and Advertised / Advertised before Accepted | Published in the Trade Marks Journal for opposition | Watch for oppositions | Four months for third parties |
| Opposed | A third party has filed a notice of opposition | File a counterstatement | Yes, two months from receipt of the notice |
| Registered | Entered on the register | Use ®, diarise renewal | Renewal at 10 years |
| Abandoned | Treated as abandoned, usually for a missed step | Check why; consider a fresh filing | Case-specific |
| Refused | Registrar has refused registration by order | Consider the grounds and an appeal | Yes, appeal period |
| Withdrawn | Applicant withdrew the application | None, unless filed by mistake | No |
| Removed | Registration taken off the register, usually for non-renewal | Check restoration window | Up to one year from expiry |
The exact labels on the portal can vary slightly, but they map to these stages.
The early statuses: nothing to do yet
New Application
Your TM-A has been received and given an application number. Under Rule 32 of the Trade Marks Rules, 2017, every application is acknowledged with a system-generated receipt. You can already use the ™ symbol with the mark.
Send to Vienna Codification
Appears for logos and other device marks. The figurative elements are being coded so the mark can be searched against similar images. It is an internal step.
Formalities Chk Pass
The application has cleared the basic formalities check. Nothing is needed from you.
Formalities Chk Fail
Something is missing or wrong at the formal level, for example a power of attorney, a document supporting the applicant’s category, or a mismatch in details. Rule 31 says that if a notified deficiency is not remedied within one month of the notice, the application is treated as abandoned. Act on this one promptly.
Marked for Exam
The application is in the queue for examination. Under Rule 33, the examiner checks it against the Act and searches earlier marks for identical or deceptively similar marks for the same or similar goods or services. Waiting time here varies; if speed matters, Rule 34 allows a request for expedited processing in Form TM-M with a higher official fee.
Objected and hearing: the statuses that need a reply
Objected
The examination report has raised objections. Typical ones are that the mark is descriptive or not distinctive (absolute grounds) or that it conflicts with an earlier mark (relative grounds). Under Rule 33(4), if you do not respond within one month from receiving the examination report, the Registrar may treat the application as abandoned. A good reply answers each objection on its legal ground, may restrict the goods or services, and can attach evidence of use.
Ready for Show Cause Hearing
Your reply was not enough to accept the mark on paper, or you asked to be heard. Rule 33(6) provides a hearing. If you do not appear and no reply was filed, Rule 33(7) lets the Registrar treat the application as abandoned. After the hearing the Registrar passes an order accepting or refusing the application.
Publication and opposition
Accepted and Advertised, or Advertised before Accepted
Your mark has been published in the Trade Marks Journal. “Advertised before Accepted” means the Registrar chose to publish before final acceptance, which the Act allows in some cases. From the journal date, anyone may oppose within four months by filing Form TM-O (Rule 42). You do not need to do anything unless an opposition comes in.
Opposed
Someone has filed a notice of opposition. Under Rule 44 you must file a counterstatement within two months of receiving the copy of the notice. After that, both sides file evidence by affidavit within fixed time limits, and a party that does not take its step in time is treated as having abandoned its side (Rules 45 and 46). If the opposition targets only some classes of a multi-class application, you can ask to divide the application so the other classes proceed (Rule 42).
End states
Registered
The mark is on the register and a registration certificate is issued. Under the Trade Marks Act, 1999, registration runs from the date of application and lasts ten years, renewable for further ten-year periods. You can now use ®. Note the renewal date: a renewal in Form TM-R can be filed up to one year before expiry (Rule 57).
Abandoned
The application was treated as abandoned, most often because a deficiency was not fixed, an examination report was not answered, a hearing was missed, or a step in opposition was not taken. Check the correspondence on the portal to see which. In many cases the practical route is a fresh application, which gets a new filing date, so check first whether someone else has filed a similar mark in the meantime.
Refused
The Registrar has passed an order refusing registration, usually after a hearing. Rule 36 lets you ask for the grounds of the decision within thirty days of the communication. A refusal can be challenged on appeal, so get advice on the time limit quickly.
Withdrawn
The applicant withdrew the application. Rule 35 covers a withdrawal notice given within one month of the examination report for the purpose of getting the filing fee repaid. Nothing further happens on a withdrawn file.
Removed
This appears on registered marks that were not renewed. Under section 25 of the Act and Rules 59 and 60, the mark can still be renewed with a surcharge within six months after expiry, or restored and renewed within one year after expiry. After that, the usual route is a new application.
Frequently asked questions
How often should I check the status?
Check at least monthly, and more often once the mark is Marked for Exam or advertised. Notices are also sent by email to the address for service, so keep that email monitored.
Can I use ® while the status is Accepted and Advertised?
No. Acceptance and publication are not registration. Use ® only once the status shows Registered, and only for the goods or services covered.
Does “Objected” mean my mark will be refused?
No. Many objected applications are accepted after a reply or a hearing. It means the examiner needs an answer before going further.
Complianto (complianto.in), operated by Mentorcorp Private Limited, is a private consultancy and is not affiliated with any government body. We do not issue official documents. We charge a professional fee for application assistance and advisory services. Applicants can apply directly to the government without our fees via the official portals: MCA (mca.gov.in), Income Tax (incometax.gov.in), GST (gst.gov.in), MSME (udyamregistration.gov.in), FSSAI (foscos.fssai.gov.in), Startup India (startupindia.gov.in), and IP India (ipindia.gov.in).
This article is general information, not legal or tax advice.
