Marked for Exam” Status in Trademark Meaning. Action Required. Timeline. Next Status after “Marked for Exam” . Examination Report
The term ‘marked for exam’ implies that a trademark application has been taken up for examination or is due to be examined shortly by the Trademark Office. The term “examination” per se means that the particular trademark would be examined to see if it satisfies and overcomes the objections enunciated in the Indian Trade Marks Act, 1999 (what we call “absolute and relative grounds” under Section 9 and 11), only after which it proceeds to advertisement and ultimately registration.
When a trademark application is filed, duly processed and digitized(please read our article here to know about data entry and digitization),it is then set aside to commence the first of the several stages in registration, namely “examination of the trademark.” Hence when the trademark is to be examined shortly, the Trademark Office would put up the status “marked for exam” in its online platform, after which the applicant can rest assured that examination of the trademark would shortly be conducted, and a report generated.
As far as taking up a particular application for examination, there is no definite time frame adopted by the Trademark Office and in earlier days, it would take months together for an application to get examined. This length in period was further heightened by the fact that the task of examination was sometimes taken up solely by the Mumbai Trademark Office and at one point decentralized to be taken up by the other branches of the Indian Trademark Office as well. But at present, thankfully, the applications are getting examined quite swiftly.
As far as the status ‘marked for exam’ is concerned, there is no action necessary from the applicant and all the applicant has to do is wait and look out for the examination report which would be made available very soon following the said status. It is only after this that the actual task of the applicant begins!
“Marked for Exam” Status in Trademark Meaning
After filling the trademark registration application, it goes through multiple stages. ‘Marked for exam’ status in Trademark indicates that the application is under examination of the Trademark Officer. The officer will examine and verify that the application complies with the Trademarks Act. After that, the officer will decide whether it can list in the Trademarks Journal.
With this in mind, they examine the application under the following criteria:
- Application form format and correctness.
- Marks fall in the same class of goods and services.
- Mark meets the requirements established by the Act of Trademarks 1999.
- Imposing the limitations and restrictions against it if there is any.
- If it requires any additional evidence or explanations by the applicant.
Action Required for “Marked for Exam” status in Trademark
There is no need for action by the applicant when the request is ‘marked for exam’. The applicant must wait for the examination report.
Timeline
The response to marked for exam usually takes 1-3 months. So, you can expect the status to change in this time period. Once the examination is complete, the trademark officer generates the report. This report indicates whether the application is ‘objected to’ or ‘accepted’.
Also, they attach a search report in case of any objections.
Timeline for the process of Trademark Application
The registration of trademarks is a comprehensive process taking 18-24 months, without objections or objections in a straightforward case.
However, the application number issues within one or two days after applying.
Using the ® symbol
You can use the ® (Registered symbol) once the trademark registers and registration certificate issues.
Note: The falsified claim that the trademark is registered is a crime with a fine. Represent your mark with the TM letter to show you are claiming rights over your trademark until you obtain the registration.
